WICHITA (AP) – A Sedgwick County judge has ruled there is enough evidence to try a 32-year-old man in a homicide.

The Wichita Eagle reported that Dustin Cheever was bound over for trial Wednesday. He is charged with second-degree murder in the May death of 49-year-old Robert Gammon.

During the preliminary hearing, the victim’s 23-year-old son, Shelby Gammon, testified that the shooting happened after a friend argued with Cheever about the theft of some gasoline. Shelby Gammon said that when he went outside to confront the men in his backyard, they ran away, and he chased them.

He said the shooter had a gun trained on him when his father stepped in the way.

The defense contends the Gammons were the aggressors, noting that police say Robert Gammon had a pellet gun.