Amazingly not Florida: White Texan Shoots Muslim at Intersection, Cites "Stand Your Ground"

http://www.mintpressnews.com/212740-2/212740/

A killing of a Muslim man in what some are calling road rage, and others a hate crime, is bringing renewed attention to the deadly consequences of Texas’ “Stand Your Ground” self-defense law.

The shooting occurred in Houston on June 26, 2015 when Ziad Abu Naim and his wife, Lisa Aimone, were driving to visit with one of Naim’s business clients on the way to his mosque for Friday prayers. After turning left at a four-way intersection just a block from their home, Abu Naim’s vehicle almost struck another vehicle, driven by Robert Craig Klimek, another Houston resident.

Moments later, as described by Leah Caldwell in a Jan. 4 report for Texas Observer, Abu Naim was on the ground, bleeding from a gunshot wound:

“[Klimek] made a right turn and pulled alongside Abu Naim’s Porsche SUV. Both men rolled down their windows. Aimone sat forward in her seat to catch a glimpse of the man in the other car, and that’s when she heard it: “Go back to Islam!” Abu Naim opened the door and stepped out of the car. Aimone kept her eyes on his back. Within a few seconds, she heard a single gunshot.”

Abu Naim never recovered consciousness and died in a Houston hospital three days later. Klimek told police he shot Abu Naim after Abu Naim reached inside his vehicle and punched him multiple times, while Aimone insists there was no time for any blows before the fatal gunshot, and that the shouted words point to a possible hate crime.

In September, a grand jury declined to indict Klimek on any crimes. His defense focused on Texas’ Stand Your Ground law. While 23 states have passed some form of Stand Your Ground self-defense law, Texas is considered one of the most most expansive self-defense laws in the country, Caldwell explained:

“In 2007, the Texas Legislature passed legislation explicitly stating that civilians have no ‘duty to retreat’ from their vehicles before using deadly force in self-defense. Instead of driving off, you can now legally shoot to kill in certain circumstances. Critics have said the law is so broad that it gives the trigger-happy carte blanche to shoot first and ask questions later.”

A 2012 study by researchers at Texas A&M University of states with Stand Your Ground laws similar to Florida’s found 600 homicides that could be attributed to the law between 2000 and 2010.

There’s also real concern that racial bias is at play in the enforcement of the law, and the state’s selection of whom to prosecute for these kind of road rage incidents. By including vehicles in the Texas version of the law, Professor Tamara Rice Lave of the University of Miami School of Law told Caldwell that it seems to encourage violence against minorities even when other options are available:

“‘If somebody’s in the car, the ignition is on, the foot is on the gas pedal, then they can easily drive away,’ she said. ‘If it was a white, upper-class mother getting out of her car and approaching a car, [and she were shot], do I think there would be an indictment? Yes, there would be. It makes a difference who the victim is.’”

Prosecutors also ignored Aimone’s demands that the killing be investigated as a hate crime. Although Caldwell’s investigation found years of anti-Muslim rhetoric posted online by Klimek, Aimone said officials were “dismissive” of the possibility, and added, “It was almost like too much work for them to find something to see if it was a hate crime.”

Okay, NOW we can discuss white privilege here. White guy with racist tirades against Muslim shoots Muslim and it isn’t a hate crime.

WTG Texas. :tdown:

AMERICA WE THA BEST :frowning:

Why would anyone not white move to texas, srs

I could care less about the races involved.

But Stand Your Ground laws need to go.

Good old houston…and this was BEFORE open carry.

Texan hates someone browner than them. More at 11.

Stand Your Ground is fine, with the right restrictions. A perpetrator’s life should be held as worth less than yours, as long as there’s an imminent threat of violence.

They should definitely not apply in situations such as these, though. Would be different if the Muslim was armed.

Both parties are at fault. The Muslim dude should have just driven off, but decided to be a tryhard retard. The white dude probably wanted an excuse to kill a Muslim.

stand your ground should be common sense. Pulling a weapon out in an argument should NEVER EVER be considered stand your ground. I don’t care if somebody gets in your face. Fuck em up or take your beating, or walk away. But pulling out a gun like a coward? Naaaaa

Depends on if you could physically defend yourself and whether there was the possibility of the attacker intending to kill you with physical force.

It’s all subjective, and that’s the problem with SYG.

But in this case, the guy could’ve seen easily that the man was unarmed, and had no intent to hurt him. It was all about race, and I almost want to bet that this was the same dumbass judge that gave the affluenza kid 10 years probation.

People ought to SYG against dumbass Texan judges.

It’s subjective in a minor sense. One on one though, go fuck yourself. If you’re ACTUALLY being attacked, yeah then I could understand it. But a dude gets out of a car, or yells at you? Nope, fuck that shit.

Stand Your Ground is already relatively common sense.

Pulling and discharging a firearm without physical provocation is usually considered excessive force.

Stand Your Ground just means you don’t need to run away first. You still need to justify your use of force.

Yelling is one thing for sure, you can walk away from that.

But if some Mr. Olympia ass looking guy cocks back and hits me, and I have a gun on me, and he looks like he’s going for more? You bet I’m going to pull, and if he wants to take a chance after that, I’d fire.

If it was some scrawny ass kid, I’d laugh my ass off and walk away or call the cops at worst.

stand your ground should require an actual threat of death. You should never be allowed to shoot somebody because they are angry. Half this fucking forum would be six feet under.

Yeah, disparity of force is an actual thing.

This sounds like the start of a Walker Texas Ranger episode.

You’re conflating Stand Your Ground with the rules of lethal force.

Stand Your Ground simply says you’re not obligated to run from a fight - armed or unarmed. It doesn’t say you can shoot anyone for any little reason.

You still need a separate justification as to why you chose to shoot someone.

Regardless, it seems like SYG was cited as justification for the shooting and a grand jury thought it was enough. Doesn’t seem like whether or not the use of deadly force was important according to the grand jury. Sounds like homeboy just wanted an excuse to shoot a brown person. Please remove Texas and Florida from the U.S. Where’s Bugs at?

apparently not

Apparently yes. The justification comes from separate Texas laws.

Penal Code Chapter 9, Sub chapter 3, section 9.31 (a):

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment; or
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment;

However, as the dead guy didn’t actually try to remove the white dude from his vehicle, I wouldn’t consider this a justifiable homicide.

White dude should be charged with murder, IMO.