A Texas man was charged with first-degree murder for allegedly killing a player accused of cheating a poker game on Sept. 8, according to Austin’s ABC affiliate (KVUE).

The Austin Police Department (APD) say Martin Tovar, 26, shot and killed 25-year-old Steve Gonzalez, the player accused of cheating, following an altercation at a residence on the 2500 block of Teri Road in the Texas capital city while throwing dice, per a press release. But KVUE news reports the affidavit mentions the incident took place during a poker game.

A 911 caller told police that friends and family would often gather at the home to eat and play poker, according to KXAN, Austin’s NBC affiliate.

Paramedics attempted life-saving measures at the scene of the crime, but the victim was pronounced dead shortly after the Austin Fire Department (AFD) arrived.

Violent Incident Over Gambling

According to a Travis County, Texas affidavit obtained by the local ABC affiliate, an unidentified player in the home poker game accused Gonzalez of cheating. The two began arguing, which included Gonzalez, per police, insulting the man and his family.

Gonzalez then allegedly punched the man in the face, which sparked an even bigger argument between the two and others within the residency. Two players in the game, including Tovar, then attempted to break up the fight, to which Gonzalez struck the unidentified player with a chair.

The situation would escalate further after Gonzalez stormed out of the residency, threatening to later return to the scene. Tovar is alleged to have then walked to his GMC Sierra truck to retrieve a handgun, which he fired into the ground multiple times.

The affidavit then states that witnesses saw Gonzalez come back toward the house with what appeared to be a handgun, although the witnesses were uncertain if that was accurate, claiming the victim kept reaching toward his waistband area.

A caller from the neighborhood to 911 told dispatchers she initially heard three gunshots and then three more. One juvenile witness told police she saw Tovar shoot Gonzalez three times in the chest.

Tovar was arrested moments later, and it was discovered that he already had an arrest warrant out for aggravated assault. A witness to the murder also told police that she saw Tovar in possession of the gun Gonzalez had sold him earlier that same day.

Tovar told police a different story than statements made by the witnesses. The alleged murderer said that Gonzalez pointed a gun at the man who hit him with a chair during the altercation. He then stated that he attempted to reach for the gun, but didn’t know that it had fired three times.

Witnesses, however, claim they never saw Gonzalez holding a gun. Tovar says he left the scene after Gonzalez hit the ground, and left behind the gun at the scene. But police say no gun was found during the investigation.

Tovar faces first-degree murder charges and is being held without bail.

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