HOUSTON A former neighbor of a retired firefighter who s accused of killing a teacher says Raul Rodriguez appeared angry and agitated minutes before the shooting.

I heard a shout from the street and I heard Mr. Rodriguez leaving the property, said Ken Ellis, who testified as witness for the prosecution.

Raul Rodriguez is on trial, charged with murder in the death of New Caney P.E. teacher Kelly Danaher.

Danaher was shot and killed in May 2010 outside his home in northeast Harris County. He was hosting a party for his wife that Rodriguez, his neighbor, thought was too loud.

The retired firefighter grabbed his gun, flashlight and his video camera and went outside of Danaher s home to document the noise.

Rodriguez recorded a 22-minute long video in which you can hear two gun shots.

Prosecutors said Rodriguez shot three people that night. Two survived, but Danaher died.

Shut it down. Shut it down, Ellis recalled Rodriguez yelling in the direction of the party.

In court Friday, Ellis showed jurors how he remembers Rodriguez waving around his flashlight to try and get partygoers attention.

Ellis, who lived across the street from Rodriguez, told jurors he doesn t remember terribly loud music that night and it didn t keep the woman who he lives with from getting sleep.

Meanwhile, prosecutors attempted to bring in other testimony Friday that Rodriguez was a neighborhood bully who was known for flashing his gun.

I ll tell you basically how you can kill someone and be above the law, assistant district attorney Kelli Johnson told the judge Rodriguez allegedly said to someone as she attempted to get him to allow the evidence into trial. You need to say that you are in fear of your life, pull the trigger and you can justify it.

The judge denied her request.

Attorneys for Raul Rodriguez will present their case as soon as prosecutors rest, which could be as early as next week.

Rodriguez claims this is a case of self-defense.

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