SACRAMENTO - One of the suspects in the double fatal shooting at a bar in Old Sacramento on the New Year's now faces a new murder charge.
According to The Sacramento Bee, prosecutors filed the additional count against 34-year-old Charles Fowler-Scholz on Thursday.
If convicted, Fowler-Scholz could get the death penalty for his role in the murders of two men at the Sports Corner Café.
According to the report, his attorney said the charge doesn't match up with the facts as he sees them.
He argued his client was only involved in the bar fight, but not the killing of 35-year-old Gabriel Cordova and 36-year-old Daniel Ferrier.
According to police, the shootings broke out after Fowler-Sholz's wife got mad at Cordova for spilling beer on her.
Fowler-Scholz apparently smashed Cordova in the face with a beer bottle before wrestling with him on the floor.
That's when Ferrier, who worked in bar security, apparently approached to break up the fight.
Police said 22-year-old suspect, Carlito Montoyo, then pulled out a gun and shot the two victims.
VIDEO: Shooting leaves 2 dead, 3 wounded in Old Sacramento
Both suspects are believed to be gang members and could be put to death if found guilty.
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Steve Grippe, Assistant District Attorney, said to News 10, "If a person aides and abets, or instigates a crime, even a murder, they can be equally guilty as the person who committed the actual physical crime."
The District Attorney's office has reportedly not yet decided if it plans to move forward with capital punishment charges against the two.
By Courtney Carlmark