HOUSTON – An appeals court reversed a murder conviction in a 2012 case where a neighbor shot and killed a man at a birthday party.
Raul Rodriguez was found guilty of murder in the death of Kelly Danaher in 2012. He was sentenced to 40 years in prison, but now his case will be sent back to a trial court.
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An order on the 1st Court of Appeals website reads "the Court holds that there was reversible error in the trial court's judgment. Accordingly, the Court reverses the trial court's judgment and remands the case to the trial court for further proceedings."
Danaher's wife, Mindy, was celebrating her birthday with a party at their home on Oak Knoll Drive in Huffman, Texas, on May 2, 2010.
Prosecutors said Rodriguez lived near the Danahers. He was upset about noise coming from the party and went to the Danahers' home to confront them, prosecutors said.
Rodriguez took a gun, flashlight and video camera along, officials said. He videotaped the confrontation. That videotaped was played in court during the trial.
Investigators said the confrontation escalated and Rodriguez fired shots. Kelly Danaher was killed and two other men were wounded.
In closing arguments, prosecutors described Rodriguez as a bully who went to the Danaher home armed with an arsenal of weapons and knowledge of the Texas right to carry law.
"He felt like he had ultimate control," prosecutor Donna Logan said. "The control to determine who lives and who dies."
Defense attorneys said Rodriguez fired in self-defense.
"Just because there is a tragedy and there is a family is left behind, that does not mean that a crime has been committed," defense attorney Neal Davis said.