Prosecutors say 21-year-old Brandon Combs emptied 8 rounds from an AK-47 at three men in a truck.
The shooting was the end to a fight that started at a Jack in the Box in College Station.
During opening arguments defense attorneys told jurors there would be a surprise during the course of the trial, but did not go into details about Combs' defense.
Prosecutors questioned several witnesses Tuesday, including one of the men that was shot at.
He said the shooting back in April of 2003 was scary and something he never expected.
He admitted to getting into a fight with Combs at the Jack in the Box drive thru over loud music.
Witnesses say Combs told the men to follow him to finish the fight.
In court documents, Combs went to his apartment, took out the AK-47 Assault Rifle and went back outside.
One witness testified Combs was shooting at the ground.
Police found bullet holes throughout the truck including the passenger side head rest and rear window.
However no one was injured in the shooting.
Combs was originally indicted for attempted capital murder but is being tried for aggravated assault with a deadly weapon, punishable by up to 20 years.
Testimony continues Wednesday in the 85th District Court.
Upload your photo, with a caption of your reason to smile, then watch the last half hour of BVTM from 6:30A - 7A Monday mornings to see if your photo makes it.