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Daniel Midcap was convinced he was about to die.

Wayne Popin, 45, was bearing down on him. He had a look of rage on his face and he was carrying something behind his right leg.

The 104-pound Midcap had just been knocked to the ground by the 235-pound Popin, and was convinced his hip was broken.

"I wanted to shout at him, 'Stop, just stop!' But I couldn't. I couldn't breathe. I couldn't shout at him," Midcap, 58, said Thursday. "At that point, I pulled my gun and I fired a shot."

Popin died and Midcap's account of what happened that day was given during his trial last week on a second-degree murder charge.

A jury Tuesday was unable to reach a verdict on the murder charge, but found him guilty of a second charge of disorderly conduct.

On Thursday, Midcap told jurors that he was in failing health in June 2006. Not only does he have cerebral palsy, but he was "primarily bedridden" because of a serious heart ailment, a severe back injury and constant nausea.

The only time Midcap said he left his apartment near East Speedway and North Alvernon Way was to pick up his prescriptions, groceries and take-out food.

Deputy Pima County Attorney Jonathan Mosher said during closing arguments Friday that Midcap's actions weren't the actions of a reasonable person and therefore he should be convicted of second-degree murder or manslaughter.

While Midcap swore he fired at Popin's chest, a forensic pathologist testified Popin was shot in the back.

Midcap and Popin, who lived at the same apartment complex, had several confrontations over the month leading up to the shooting, mostly over noise from Popin and some friends working on a truck and smoking methamphetamine in the parking lot between 2 a.m. and 4 a.m., and Popin having boxed his car in, Midcap said.

When he complained to the complex manager about the noise, Midcap said he was told Popin would be moving out by July 1.

On June 22 Midcap called the police to complain about Popin, and later made a trip to two drugstores. When he got back, Midcap parked next to Popin's utility truck and got out, putting the .38 revolver he carries for protection in his hip pocket.

When he went around to his trunk, Midcap said Popin confronted him. After some bumping and angry words, during which Midcap said he pleaded with Popin not to hit him. After he was knocked down, Midcap said Popin removed something from his truck.

He shot Popin when he reached his feet, Midcap said.

Midcap said he went back to his apartment, where he took a nitroglycerin tablet for his heart and a muscle relaxant for his back. He then waited on his steps for the police.

Mosher argued for a second-degree murder conviction because Popin had turned away from Midcap and a person can't justifiably shoot someone who no longer poses a deadly threat, according to state law.

Deputy Public Defender Darlene Armbruster argued Midcap knew Popin was a bully, a meth user and an ex-convict, and Popin had announced he had a bigger gun.

She called to the stand expert witnesses who testified Popin had time to turn after Midcap fired his .38-caliber revolver.

On Tuesday, a Pima County jury announced it could not reach a unanimous decision on the second-degree murder charge or the less serious charges of manslaughter and negligent homicide. They did, however, convict Midcap of disorderly conduct for pointing a weapon at Popin's friend after the shooting.

Jury forewoman Kathleen Myrenaes said the jury was split 10-2 in favor of a second-degree-murder conviction. The two holdouts didn't think Mosher had proven Midcap did not act in self-defense.

No decision has yet been made as to whether Mosher will try Midcap again. The defendant is facing between 1.5 and 3 years on the disorderly-conduct charge.

Judge John Leonardo will sentence Midcap May 2.