Jack Daneri says evidence reveals Robert Rudolph had a gun on him inside Odis 12 on West 26th Street back on September 29th. Daneri says Rudolph took the gun out at least twice inside the tavern.
After Rudolph was asked to leave the bar, he reportedly pointed his handgun at people near the front of the bar.
That's when he was knocked to the ground in a choke hold by one of the people he pointed the gun at.
Rudolph died from lack of oxygen days later at St Vincent Hospital.
The gun taken from Rudolph was loaded with a round in the chamber.
No criminal charges were filed against the man who took Rudolph down.