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State rests, Defense calls Daniel's ex

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Brandon Daniel's ex-girlfriend Jenna Feland described his behavior in the months after the two broke up before the deadly shooting.

"He was on a downward spiral," Feland tearfully explained. She testified as the first witness for the defense.

The two met on the campus of Colorado State University. While dating, the two would smoke marijuana and Daniel would do mushroom, acid or Ecstasy. The drug usage and drinking scaled back when they moved to Austin. Daniel accepted a job with Hewlett Packard that he was proud of.

Feland wasn't working and Daniel paid for everything which created tension. Late 2011, the couple split but still stayed in touch. She says Daniel started to take Xanax. About an hour before the shooting she received an incoherent text from Daniel while she was asleep. She woke up the next morning and tried calling him back because she said she felt like something was wrong.

Prosecutor Gary Cobb tried to discredit her as a witness. He caught Feland off guard when he asked her about a selling Daniel's story for money.

The jury was excused while Cobb played a video from the jail that shows Feland and Daniel on the video conference system. Daniel says a reporter tried to reach out and talk to him. Daniel says maybe he would talk after the trial for $100,000 and Feland responds "or a mil."

Prosecution ends case with emotional testimony.

Jaime Padron's older brother Johnny was the last witness to testify for the state. He described his brother's dedication to his community and family. While he loved being a police officer Padron said his brother loved his two daughters even more and would make an effort to try to see them every day.

"The world turned ugly for us that day," Padron described for the jury. He recalled the day he learned of his little brother's murder. He received a call from a Sergeant with the San Angelo Police Department about the shooting and had to tell his Mom and Dad.

Wrapping up the state's case prosecutors called several experts and analysts to the stand. Toxicology reports show Daniel had Xanax and Marijuana in his system the time of the murder. Chief Medical Examiner David Dolinak explains Padron's gunshot wound using graphic pictures. He tells the jury the bullet hit Padron's voice box and two arteries. In his professional opinion, there wasn't much that could be done to save Padron.

Prosecutors played a phone call Daniel made to his mother, Mary O'Dell, from the Del Valle Correctional Complex. On the call, O'Dell is relieved to hear from her son. She tells him not to worry and she will take care of whatever she can. Daniel talks about getting his stuff back from his ex, Jenna. "Don't say anything to her she's the root cause of why I'm here," Daniel said to his mother referencing his ex.

The two go on to talk about Daniel's defense strategy. He says he wants to fire one of his attorneys. "I know there's no hope but he won't even consider another defense," said Daniel to his mom. The two talk money and how expensive Daniel's defense will be possibly around $500,000.

Daniel brings up other people who have taken Ambien and done crazy (expletive). His mom agrees and says she's researching. The phone call is cut short because Daniel runs out of minutes.

Detective David Fugitt who is the lead investigator says he's downloaded every single call Daniel has made. Fugitt was called back to the stand Wednesday morning. During examination defense attorney Russell Hunt tried to point out inconsistencies in what the surveillance video showed and what Daniel told investigators.

Fugitt agreed with some of the inconsistencies but said Daniel gave a very detailed description of the shooting. Fugitt has investigated more than 300 homicides and says sometimes people in shootings can forget details.

Hunt says on the video Daniel expresses remorse. Daniel told investigators he'd taken Xanax the night of the shooting and breaking up with his girlfriend Jenna had taken a toll on him.

Sticky notes found inside Brandon Daniel's apartment after the shooting show he wanted to 'step down pills over the next week.' He also scribbled 'stop (expletive) yourself up.' Other notes seem to show Daniel couldn't let go of Jenna. The notes scribbled read buy Jenna shoes, buy cat stuff for their pet Hans Solo and to take Jenna to Town Lake.

Defense attorneys are arguing Daniel was too drugged up to know the impact of his actions. Prosecutors are pushing for the death penalty.

Padron, a former Marine and father of two, was answering a call about a suspicious person possibly shoplifting on April 6th, 2012.

If convicted, Daniel faces the death penalty.


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