Police say a man suspected of killing his brother shot him with a shotgun because his sibling wanted to die.

Rifle police Lt. J.R. Boulton testified that 20-year-old Heath Johnston said he killed his 26-year-old brother Samuel Johnston in December after the elder brother told him he was rarely happy. A Garfield County judge ruled there was enough evidence for Johnston to go on trial on a first-degree murder charge after Boulton's testimony Wednesday.

Boulton also testified that Samuel Johnston had asked his 11-year-old son to shoot him but the son refused.

Heath Johnston's attorneys argue a first-degree murder charge is unwarranted because their client did not show enough deliberation. Johnston is expected to enter a plea Aug. 11.
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