HOUSTON A man trying to calm a domestic dispute shot and killed his neighbor in north Harris County Tuesday night. Now, a grand jury must decide if the shooting is a crime or act of self-defense.

I think it (was) self-defense, said Adrian Osuna, one of the shooter s neighbors.

From what I heard, Victor came at (the shooter) with a landscaping rock and was going to hit him, said Justin Casey, another neighbor. So I don t think the (shooter) is at fault at all. I think it s a matter of self-defense.

Victor Daniel, 44, was supposed to appear in a Harris County Criminal courtroom stemming from a December assault on his wife, according to court records. Instead, Harris County homicide detectives found Daniel shot to death in the middle of Berry Pine Drive.

I didn t think it would come out to this, said Herbie Ponce, another neighbor.

Tuesday night just before 9 p.m., neighbors heard Daniel arguing with his wife, Sherie, in front of their home. She told detectives Daniel was beating her. Daniel had two protection orders against him for prior threats and assaults on his wife.

She s always running to somebody else to help her because they always get into fights, Scott Casey, another neighbor, said.

Six months ago, Casey s son, Justin, tried to help.

(Daniel s) old lady came running out the house wanting help and he beat the hell out of my kid one night, Scott Casey said.

(Daniel) though I was sleeping with her, Justin Casey said.

Tuesday night, another neighbor got involved. He was armed with a licensed handgun.

When he approached, witnesses said Daniel began arguing with the man. That neighbor tried to walk away, according to one witness.

He wanted to avoid the fight, but (Daniel) came behind him, Osuna said.

Daniel was holding a brick in his hand, Osuna said. While he didn t see what happened next, Osuna heard it.

I only hear bang, bang, bang two or three shots, he said.

Daniel s wife did not want to comment Wednesday morning. Neither did the shooter or his wife. What happens next is up to a Harris County grand jury. No charges have been filed yet.

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