Video taken night of fatal shooting shown to jurors

When Raul Rodriguez went to tell his neighbors to turn down the music at a May 2010 party, he took a flashlight, a video camera and a gun. At his murder trial Tuesday, his attorney said the video recording proved Rodriguez acted in self-defense when he shot three men, one fatally.

"I'm not sure who charged," said defense attorney Bill Stradley. "But it scared the hell out of Raul Rodriguez, and he had half a second to decide what to do."

Prosecutors said Rodriguez was not in fear for his life and had ample opportunity to leave the confrontation he started.

"There was one person in control of the nightmare out there that night," said Assistant Harris County District Attorney Donna Logan as she gestured at the 47-year-old man. "And he's sitting right there."

Prosecutors said Rodriguez fatally shot Kelly Danaher, a physical education teacher at Sorters Mill Elementary in New Caney ISD, in his own driveway at his wife's birthday party in northeast Harris County. Rodriguez also shot two other men, one a Houston Fire Department captain, just afterward.

Both sides agreed that the case hinges on a 22-minute video that Rodriguez took to document his side of the quarrel.

Aggressor debated

Jurors sat captivated Tuesday by the video. The last seven minutes show Rodriguez in Danaher's driveway shining a flashlight at the party guests and demanding that they turn down the music.

Although he shouts several times that the music is too loud, it is not heard on the recording.

As a party goer approached Rodriguez to find out why he was in the driveway, Rodriguez's voice turns low.

"Get back. I will shoot you," Rodriguez can be heard saying. He apparently drew his gun and the man from the party raised his hands to reason with him.

Other party guests are soon involved, and Rodriguez can be heard calling the police. Rodriguez and the party guests begin shouting expletives at each other.

'CHL buzzwords'

Rodriguez, apparently talking to a dispatcher, says the group is "escalating the situation" and that he fears for his life.

"They're going to kill me," he says as the group is apparently moving away and calling police.

Logan told jurors in her opening statements that Rodriguez was being sure to use all of the "CHL buzzwords" that he learned in a concealed handgun licensing class.

Stradley said Rodriguez is the kind of CHL holder who wears a holstered gun and an extra clip just to go outside.

On the video, the confrontation comes to a head as a cackling laugh can be heard booming next to the camera, which falls and goes to black with a single "BANG" of a gunshot.

There were two other shots, and police apparently arrived soon after.

"Everything boils down to those seven minutes," Stradley declared.

The trial, in state District Judge David Mendoza's court, is expected to last a week.

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