ALBUQUERQUE, N.M. (KRQE) – A judge is set to decide Wednesday afternoon if Deandre Vigil will remain behind bars until trial. Vigil, 24, is accused of killing 39-year-old Victor Torres outside of a McDonalds on March 31.

Police say the shooting happened after Vigil and Torres had gotten into a verbal argument when Torres and a woman were in the drive-thru lane. The woman told police that she woke up to the two yelling at each other and that she thought Vigil had a gun and told Torres to drive away. That’s when Vigil followed them and Torres got out of the car to confront him. She told police that she heard gunshots and Vigil fled the area. Torres died at the hospital from his injuries.