he's in a lot of confusion. he's hurting right now about his brother right now. tomorrow is his birthday, jerry's birthday. >> your son who was murdered? >> yes, yes. >> goodwin's lawyers acknowledge their client shot 20-year-old dwayne rimm who later died from his wound. they had hoped to reach a plea bargain for manslaughter but prosecutors would only accept a murder plea. in ohio, a murder conviction requires precalculation or the intent to murder and the defense set out to prove that it did not exist in this case. they say two years earlier, rimm broke goodwin's jaw and that when goodwin unexpectedly saw rimm on the street he shot him, not to murder him but stop him from fleeing. rimm was struck in the buttock and fell to the ground.