Judge calls man accused of shooting teens on Halloween malicious, cruel

Tuesday marked another day for Antonio Hubbard's preliminary exam for the 25-year-old accused of shooting four teens and killing one on Halloween.

The judge sent Hubbard to trial on all 16 counts charges including first degree murder and torture, calling Hubbard's actions outrageous, malicious and extraordinary cruel.

In court more chilling testimony was heard, this time from a teenage witness Hubbard allegedly shot.

Prosecutor: "Did he say anything before shooting?"

"He said 'One of y'all have to die,'" the witness testified.

The teen testified against Hubbard who he says shot him and forced him and three other teens into a corner at gunpoint. 

He then allegedly made them choose which one of them would die.

"The defendant in his words upped his gun and told them to get onto their knees," said the assistant prosecutor.

Prosecutors say after the teens posted a live Instagram video flashing cash, Hubbard showed up with a friend, both dressed in black, to a home on Langholm where the teens were hanging out.

One of the teens testified that Hubbard quickly announced a robbery shoving the boys into a corner at gunpoint.

"The defendant said 'Pick which one of y'all going to die you saw my face,'" the prosecutor read from witness statements. 

But the defense argued Tuesday that there is no evidence of premeditation adding that the teens' so-called "chill house," was actually a dope house.

"It's protected by two guns yet they flash thousands of dollars on Instagram," said Mark Magidson, defense lawyer.

"It doesn't matter if this was a trap house," the prosecutor argued. "Guess what, you don't get to go over and start shooting the people."

The judge agreed with prosecutors.

"I'm not quite sure how much more premeditation is required," said Judge Cylenthia Latoye Miller. "You tell them it's eating season and somebody's got to die and your intention is to commit a robbery and potentially to kill someone.

"I can't imagine being in that situation. I think anybody would probably all still having nightmares about that."