Criminal charges against the Arnold man accused of shooting his brother outside the New Kensington Elks Lodge in December were held for court following a preliminary hearing Thursday.

District Judge Frank J. Pallone Jr. held charges to court against Steffon Ballard, 38, including criminal homicide, attempted criminal homicide, aggravated assault and illegal possession of a firearm.

Authorities say in the early morning hours of Dec. 6, Steffon Ballard was in a fight with another man, Chris Glasgow, outside the New Kensington Elks Lodge. Steffon Ballard began pistol-whipping Glasgow and the gun discharged, firing a bullet that killed his brother, Jeffrey Ballard, 46. Jeffrey Ballard was working as a bouncer at the bar.

Glasgow testified there was an altercation inside the bar and he had went outside to leave. He testified he was waiting for a ride when, he said, Steffon Ballard got in a fight. Glasgow needed medical attention and stitches to his forehead.

Glasgow said it had felt like four people were assaulting him and that he remembered being hit with a “hardened object.” He claimed the gunshot was “simultaneous” with him being hit.

A witness, Michael Wesolek, testified that he had come outside to leave the Elks Lodge when he saw people that he didn’t know fighting. Wesolek testified that it was “an accident” when the gun went off and hit Jeffrey Ballard.

New Kensington police Detective Sgt. Phil Huth testified that the incident seemed to involve an altercation from inside the bar that carried outside. He reviewed surveillance video and read an autopsy report that said Jeffrey Ballard was shot in his upper thigh.

On cross examination by Steffon Ballard’s attorney, Michael Waltman, Huth testified that no projectiles, shell casings or firearms were recovered from the scene.

Waltman argued that prosecutors did not meet the burden of proof that the gun was in Ballard’s hand when it discharged. Waltman also tried to poke holes at both the homicide and attempted homicide charges, claiming that Ballard didn’t have the intent to kill his brother or Glasgow.

“There’s been no proof here of my client’s intent to kill,” Waltman said.

Assistant District Attorney Anthony Iannamorelli described the incident as a progressive beating with no resistance from Glasgow.

“It’s not a fight,” Iannamorelli said. “It’s a jumping.”

Steffon Ballard remains in the Westmoreland County jail. A formal arraignment is scheduled Feb. 11 before Westmoreland County Common Pleas Judge Christopher A. Feliciani.