PUEBLO, Colo. - Isaiah Vialpando was on his way home from school when police say he was in the wrong place at the wrong time.
Shots were fired at his car in the 200 block of Court Street. He was found two blocks away, crashed into a pillar with a gunshot wound to the head.
The timeline and background are very important to this case.
In January 2015, Leo Montoya was left paralyzed from the waist down after being shot by a rival gang member. In August of that year, police believe, Montoya shot at Carlos Montoya.
Two days later, police believe, he killed Isaiah Vialpando. Almost a year later he was arrested in connection with the first shooting.
It wasn't until December 2016 that police made the connection to Vialpando.
Montoya is facing two first-degree murder charges, one for murder with extreme indifference.
"There's not any particular person that they intended to kill, but basically the law looks at the act as so wanton that it should be just as serious the punishment as the other form of murder," said Guillermo Garibay, a criminal defense attorney in Pueblo.
Garibay said this is mostly used by prosecutors as insurance.
"If the theory is that it was a case of mistaken identity then that could be a concern in terms of the jury verdict," Garibay said.
The judge is now deciding whether to uphold that charge. The preliminary hearing will continue on Thursday.