i submit to you riley gaul did not. >> the defense denied riley was the man in black.tunt to get emma's attention. riley's attorney said it showed how desperate his client was to be with her. >> what riley was trying to do is get an opportunity to see emma. that's what he was trying to do. >> and that would later become a theme of his defense, that rather than killing emma, what he intended to do was play her rescuer. >> it almost does sound like he was just trying to scare her when you first hear it >> i wong the same thing. then i went out to the scene and looked at the house and looked at where he would be standing and it is, what, five feet away from the house i think the measurements were. and it's me pointing a gun right at you right now and pulling a trigger. it's that close. >> so close prosecutors said it was obvious that riley was shooting to kill. >> shoot up into the air. shoot in through the window, anywhere but where you shot. >> the state agreed with the defense on one point. riley was desperate to be with emma, but that desperation had become dangerous.