A Mexican national charged in the July 11 shooting death of an Ogden man has been bound over for trial.

Fernando V. Sagaste, 20, is charged with aggravated murder, a first-degree felony, for allegedly shooting Bardomiano Reyes Vaz-quez, 42, in the heart.Sagaste's defense team argued at a preliminary hearing last Wednesday that their client only returned fire after Vazquez fired first in a shootout in the backyard of a house.

Sagaste was struck three times during the gun battle but recovered from the wounds.

Prosecutors say Vazquez and several friends were drinking beer in the backyard of Baldonero Mendoza's house when Sagaste came over and incited a fight.

"We told him we didn't want him there and told him to leave," Mendoza said through an interpreter.

He said Sagaste left, but returned with a gun and yelled, "Now we're even," and the gunfight ensued.

Mendoza said he could not remember who fired first because he was drunk and attempting to flee from the line of fire.

Prosecutors had hoped Mendoza's testimony would be the same he told police on July 11 - that Sagaste fired first and Vazquez returned fire after he had been shot in the heart. Mendoza said he was still drunk when he gave police that testimony.

Second District Judge Michael Lyon set jury selection for Dec. 11, with a trial set for Dec. 14.

Sagaste is being held in the Weber County Jail on $100,000 bail.