Twenty-year-old Kevin Daniels was shot four times in the back and buttocks in a Christmas day homicide on Wimberly Drive, detective Corey Stokes testified Tuesday.
A charge of criminal homicide against Gregory Martin, 28, was sent to the Grand Jury by General Sessions Court Judge Gary Starnes.
The brother of Martin told of taking him to the Daniels residence to settle a dispute. The witness, a Marine stationed in North Carolina, said Daniels came outside armed with a handgun. He loaded a bullet into it, then laid it on the car.
He said Daniels said he wanted to fight, and he "sucker punched" Martin.
The witness said Daniels retrieved his gun, then started walking back toward his house. He said it was then he heard shots ring out.
He said he had a gun in the car, but his brother had a separate weapon.
The Marine said he then took his brother back in his gray Camaro to their mother's house, then he and his wife drove back to the shooting scene.
The victim was taken to the hospital, but he died in surgery.
The detective said neighbors told of hearing a commotion and shots fired, but no one witnessed the shooting except for the brother.
The Daniels weapon was not located.