HCSO: Man shoots, kills neighbor fighting with wife

Published On: Jan 30 2013 04:09:46 PM CST   Updated On: Jan 30 2013 12:10:25 PM CST
Shooting Berry Street
HOUSTON -

A man shot and killed his neighbor while trying to stop him from beating his wife on a northwest Harris County street, deputies said.

Investigators said Victor Daniel, 44, was physically assaulting his wife in the 23200 block of Berry Pine Drive near Cypress Tree Drive at 8:50 p.m. Tuesday. Officials said a neighbor heard the commotion and walked outside to stop it.

"He tried to intervene in the attack. At some point, the decedent attacked that neighbor and as he was being attacked by the decedent, he produced a weapon and discharged it, killing the decedent on the scene," said Greg Pinkins with the Harris County Sheriff's Office.

Witnesses told deputies that Daniel threw a brick at the neighbor when he was confronted -- seconds before the neighbor shot him.

"He was assaulting him. He had rocks in his hands. The (other) gentleman had a gun and shot him twice," witness Herbe Ponce said.

"I heard bang, bang, bang -- two or three shots," neighbor Adrian Osuna said.

The neighbor was taken to a hospital and treated for a head injury. He has not been charged.

"We will present all the facts of the case to the District Attorney's Office and then they will make a determination whether or not any charges will be filed or if it will be referred to a grand jury," Pinkins said.

The wife was treated at the scene by paramedics.

Justin Casey lives next door to Daniel and said several people who live in the area have had issues with him in the past.

"It doesn't surprise me. Victor was beating his wife and then someone tried to stop it and he comes after them and gets shot. I don't feel sorry for him at all, really," Casey said.