OAKLAND -- Christopher Miles shot Danny Jackson twice with a high-powered rifle.
One shot hit Jackson in the backside, the other in the head.
Jackson was 24 feet away from Miles, having just been kicked out of Miles home. Miles was inside his home and fired his rifle through a metal screen security door.
Deputy district attorney Greg Dolge asked a jury Thursday to find Miles guilty of first-degree murder. Assistant public defender Brian Caruth told a jury his client is innocent and acted in self-defense.
The jury's decision will depend on how trustworthy they view Miles, a 61-year-old former bail agent and security guard who testified that he believed his life was in danger when Jackson left his home on the evening of April 12, 2010.
A previous jury couldn't make that decision last year when the first murder trial against Miles ended with a hung jury.
Jackson, 59, came to Miles' home that April evening to talk with Clover Harper-Green, a friend of Miles who went to his house after having a physical altercation with her boyfriend Melvin Jones.
Jackson, who knew Miles, was invited into the home but when Miles figured out that Jackson was on a reconnaissance mission for Jones, Miles kicked Jackson out of his home, evidence revealed.
Not happy about the situation, and under the influence of crack and alcohol, Jackson became belligerent and, at one point, told Miles that he was going to get a gun, evidence showed.
The time frame from when Jackson made that statement to the time he was shot remained unclear, but what is clear is that Jackson never got the gun and was alone when he was killed, evidence showed.
What also is clear, Dolge said, is that Jackson was first shot in the backside and then at least 10 to 20 seconds later shot in the head.
Dolge said the jury should not believe Miles's testimony about hearing a gun fire before he shot Jackson, because it was the first time Miles ever mentioned hearing a gun fire.
Those facts, Dolge argued, make the killing of Jackson a murder as they disprove any notion that Miles could have been in reasonable fear of imminent danger.
"You have to use your common sense," Dolge said. "That second shot is impossible to justify under any theory."
Caruth, however, said his client was in great fear of Jackson. Caruth said his client believed he was under attack and fired two shots to protect himself. Miles fired, evidence showed, sometime after Jones also appeared at the house and broke a window.
"In Oakland, when someone says they are coming back with a gun, they are coming back with a gun," Caruth said. "Mr. Miles believed he was defending himself."
Caruth said the evidence is unclear about how fast Miles fired the two gunshots and said even if Jackson did not have a gun, Miles honestly believed he was in danger.
The jury of seven men and five women began deliberating the case Thursday afternoon.