HOUSTON -- Jurors sentenced Raul Rodriguez to life in prison Tuesday for killing his neighbor during an argument over loud music.
This was his second trial for the murder of Kelly Danaher, a school teacher.
He got 40 years the first time, but an appeals court ruled the first jury got confusing instructions, so Rodriguez was released from prison and tried again.
Prosecutors Friday played the infamous home video that Rodriguez shot with his cell phone.
"I said stop right there or I will shoot you….stop….get back," Rodriguez is heard saying.
He was angry about loud music coming from a party next door.
"Turn that crap down. Turn it down. I asked y'all to turn it down," Rodriguez said before he shot Danaher. "Look I'm in fear for my life. That's why I drew my weapon, I'm in fear for my life."
Defense attorneys argued that he had no intent to shoot anyone and that killing Danaher -- and wounding two other men -- was in self-defense.
"You don't convict people based on emotion. You don't make decisions in courts of law based on emotion," said Defense Attorney Kyle Sampson.
Prosecutors painted Rodriguez as the aggressor, the coward, the frequently-armed neighborhood bully who pulled a gun on unarmed neighbors – this time walking 100 yards to confront them, vowing that he would shut their loud birthday party down – or else.
"You don't get to pull your gun out because you're a coward and shoot someone because they moved," said Prosecutor Kelly Johnson. "It wasn't right. It wasn't justified. And it's pure and simple murder."
Rodriguez's ex-wife said last week she wishes things had been different that night.
"I felt he shouldn't have left the house 'cause I have that feeling that something is going to happen," Donna Malone said through tears. "And it did. And, I mean, it don't bring Kelly back but he's going to be behind bars."
Malone has moved to Florida with the couple's children.
"And I don't really want anything to do with him. He has to sit and think about what he did for the rest of his life," Malone said.
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