ROCKY MOUNT -- As John David Hodges Jr. faced his uncle across the One Stop Shop parking lot, he said, "I got something for you," and raised a .243-caliber Browning rifle.

He fired, but the rifle just clicked -- the chamber was empty. So he bolted a new bullet in the chamber and fired again, shooting Paten Thomas Hodges in the abdomen. The 49-year-old died from the wound.

According to court testimony Thursday, that's how John Hodges described the Feb. 16 shooting to Franklin County investigators when he was arrested and charged with his uncle's murder.

Just before the shooting, the two men had been arguing. Chief Deputy Franklin County Commonwealth's Attorney Tim Allen said authorities believe the argument was over John Hodges' recent marriage to his uncle's ex-wife.

After listening to testimony Thursday afternoon, Franklin County General District Court Judge George Jones certified to a grand jury charges of murder, using a firearm in a felony and possession of a firearm by a felon.

The killing happened about 7:10 p.m. at the shop in the 400 block of Doe Run Road near Rocky Mount.

According to the account John Hodges gave to police, the two had happened to spot each other as the younger Hodges was on his way to the store. Both of them lived nearby, Allen said after the hearing.

As John Hodges went inside the store, Paten Hodges drove up and parked across the street. John Hodges told police that his uncle started yelling at him, then got out of the car and started walking toward him. Paten Hodges walked with a cane, Allen said.

Paten Hodges apparently yelled at his nephew, "It's not going to work out between you two," Allen said.

As Paten Hodges approached, his nephew pulled the rifle and fired, then shot again when the rifle turned out not to be loaded, according to court testimony.

John Hodges' attorney, Carolyn Furrow, presented no evidence at the preliminary hearing. Hodges, 39, is out of jail on bond.