The Limestone County District Attorney’s Office has announced upgraded charges in a fatal shooting Monday on Mill Valley Drive, east of Athens, an official said. 

Travis Stanley, 41, is charged with capital murder in the shooting of 33-year-old Joey Sutton. Deputy Stephen Young, public information officer with the Limestone County Sheriff’s Office, said the charges were upgraded due to the presence of the victim’s child at the time of the shooting. Stanley was initially charged with murder. 

On Tuesday, District Attorney Brian Jones said Stanley was angry at Sutton’s 12-year-old son for riding a scooter down the street and “got onto the boy about it.” A neighbor said the boy was riding a bicycle. 

The disagreement turned into an argument between the two men in Stanley’s front yard, at which time Stanley shot Sutton with a pistol.

Emergency medical personnel were dispatched about 6 p.m. Monday, according to emergency scanner reports. Sutton died at the scene.

Sutton’s body has been sent to the Alabama Department of Forensic Sciences in Huntsville, where an autopsy will be performed.