ALBUQUERQUE (KRQE) – An Albuquerque attorney who pulled out a gun in his downtown law office and shot a homeless man is about to go on trial again.

The last time around a judge declared a mistrial. This time David “Chip” Venie isn’t representing himself in court, he has an attorney.

Venie is on trial for shooting a homeless man in the leg back in 2012. The shooting was caught on tape. In the video you can see the man stepped into the lobby of his office after Venie says he warned him to not to come in.

Venie’s wife recorded the shooting on her cell phone.

When Venie went to trail in 2014, the judge declared a mistrial because of Venie’s behavior.

The judge said Venie called the victim inappropriate names in his opening statements and even showed the jury mugshots of the victim, one with the word “busted” over it.

Jury selection is going on right now; opening statements could begin this afternoon.

Venie is charged with aggravated assault and aggravated battery with a deadly weapon. Venie’s a criminal defense attorney.

His law license was suspended for a while a few years back for writing letters to inmates to try to drum up business.