WOOTON, Ky. (WYMT) - Update: 10-9-14
A Leslie County man police say shot and killed another man earlier this year will soon be released from jail.
Court officials in Leslie County tell us a grand jury failed to indict Gavin Wells.
Investigators say Wells admitted to shooting Christopher Sizemore in August on Leeco Road near Wooton, but said he acted in self defense.
The case can still be presented to a grand jury for an indictment.
However, we are told he will be released from jail soon.
Wells faced a murder charge.
UPDATE: 8-12-14, 6PM
We continue to follow up on a Leslie County murder case.
On Tuesday, a district court judge ruled there is probable cause to send Gavin Wells' case to a grand jury. He is accused of killing Christopher Sizemore and injuring Sizemore's brother during a shooting last week.
In a district courtroom in Hyden, a judge heard evidence from investigators who believe they can prove Gavin Wells shot and killed Christopher Sizemore last week along Leeco Road near the Wooton community.
It was the first time Wells was in court since pleading not guilty.
Leslie County Sheriff's Deputy Sam Mullins testified that Wells told him after the shooting that he did do it, but he acted in self defense. However, Mullins claims the evidence suggests otherwise.
Those who knew Christopher, like family member Ricky Napier, agree. He says his loved one would not provoke anyone.
"Chris would defend himself if he was attacked but as far as being an aggressor, it was not in his nature. Chris had like a peacemaker type nature about it,' said Napier.
Sizemore died just days after he was shot.
Napier, who is related by marriage to Sizemore, said the family is still in shock.
"His family has been very distraught. Very, very distraught," said Napier.
He hopes someday the person responsible for Christopher's death will be behind bars.
"It is a well known fact that in a lot of eastern Kentucky a lot of people have been known to literally get away with murder and I would like to see justice prevail," said Napier.
Sizemore's brother was also shot but is expected to be okay. Police believe an argument led to the shooting.
Family and friends of a Leslie County who was shot to death gathered Friday night to remember his life.
Christopher Sizemore, 28, died Monday, two days after suffering a gunshot wound on Leeco Road in the Wooton community of Leslie County.
"He was so humble and so true and honest," Sizemore's brother, Joshua Sizemore, said at visitation Friday night. "His integrity was the most I've ever seen in anyone. I could only hope to be like him."
Christopher Sizemore was someone his family and friends depended on for a good laugh, they said.
"He was just one of those people that you wanted to be around," said Sundral Sizemore, Christopher's sister-in-law. "You wanted to be with him no matter where you were because it made the moments and everything more fun."
Sizemore was also a veteran and an organ donor. His organs have already saved four lives.
"He was a caring person," family friend John Newell said. "We need more people like that in our world today who not only look our for themselves but look out for other people, too."
Family members said they are experiencing anger and confusion along with the grief over losing Sizemore.
"Every time I get angry or I get sad or get these emotions, I ask myself, 'What would Christopher want me to do?,'" Joshua said. "And that helps me every time."
Sizemore’s brother, Matthew, also suffered a gunshot wound Saturday, but his injuries were not life threatening.
Sheriff's deputies have charged Gavin Wells, 26 with murder in connection to the case. Wells pleaded not guilty.
Christopher Sizemore's funeral is Saturday.
Sheriff's Deputies tell us Christopher Sizemore died Monday afternoon.
They say Gavin Wells shot Sizemore and Sizemore's brother Saturday night at the intersection of Leeco Road and Bad Creek near Wooton.
Deputies believe alcohol played a factor in the incident.
Wells now faces a murder charge and is scheduled to enter a plea tomorrow morning.
One man is battling for his life after he and his brother were shot Saturday night in Leslie County.
Sheriff's deputies have not released the names of the two men. One of them suffered life-threatening injuries when he was shot in the head and the other was treated at Hazard ARH and released after being shot in the hand, deputies said.
The shooting happened around 11:30 p.m. Saturday on Leeco Road near Wooton.
Deputies arrested Gavin Wells, 26. Wells is charged with first degree assault and two lesser charges.
Wells fired at least two shots from a .380 caliber handgun, deputies said.
Deputies believe Wells and the two victims got into an argument in nearby Harlan County before the fighting spilled over into Leslie County.
A fourth man drove the two victims to get medical attention after Wells left the scene, deputies said.
"After the shooter left the scene, this other subject got the guys out of the ditch, loaded them onto a side-by-side and took them to seek help," deputy Sam Mullins said.
Deputies arrested Wells within hours after that.
"He was actually heading back toward the scene (in a pickup truck)," Mullins said. "That's when we apprehended him."
Deputies investigated the scene and collected evidence until around six a.m. Sunday, Mullins said. Deputies returned to the scene Sunday afternoon.
Deputies believe alcohol was a factor in the fight that led to the shooting.
If the man who was shot in the head dies, Wells will be charged with murder, deputies said.
Jail officials did not have a court date listed for Wells.
WYMT asked Wells for an interview to tell his side of the story, but he declined.
Check back later Sunday for video of this story.