Man convicted in 'stand your ground' murder retrial

Attorneys Bill Stradley and Neal Davis turn to Raul Rodriguez as he learns his 40-year sentence Wednesday in a 2010 fatal shooting. Attorneys Bill Stradley and Neal Davis turn to Raul Rodriguez as he learns his 40-year sentence Wednesday in a 2010 fatal shooting. Photo: Mayra Beltran Photo: Mayra Beltran Image 1 of / 15 Caption Close Man convicted in 'stand your ground' murder retrial 1 / 15 Back to Gallery

Jurors Friday convicted Raul Rodriguez of murder for shooting his neighbor while complaining about a loud party in a rural neighborhood in north Harris County in 2010.

The jury deliberated about three hours before siding with prosecutors, who said Rodriguez provoked the situation, then tried to hide behind self-defense.

"This case is about provocation, pure and simple," prosecutor Kelli Johnson told jurors in closing arguments. "The law doesn't allow you to create a situation and then claim self-defense."

Prosecutors said Rodriguez "lured" a group of men from the party out to the rural road where he was videotaping the incident. He fatally shot Kelly Danaher, a husband and father of one, then claimed self-defense under the "Stand your ground" provision of Texas law, prosecutors said. Jurors saw the video of the shooting several times.

Lawyers for Rodriguez said the 50-year-old was in fear for his life and had a split-second to decide what to do when one of the partygoers lunged at him, laughing maniacally.

"This case is not about a loud party," attorney Paul Sampson told jurors. "It's about the split-second he had to make a decision when he was in fear for his life."

Rodriguez was convicted of murder in 2012 and sentenced to 40 years in prison, but that conviction was overturned because of flaws in the jury instructions.

Jurors will next hear testimony to determine puishment. The trial, in front of visiting judge Jay Burnett, began Monday.