Police say Man Shoots and Kills Brother, Crown Point, NY - FOX44 - Burlington / Plattsburgh News, Weather & Sports

Police say Man Shoots and Kills Brother, Crown Point, NY

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CROWN POINT, N.Y. -

We have new details tonight in the shooting that happened between two brothers in Crown Point, New York Tuesday. We first told you about this story Tuesday, and we have now learned that the younger brother who was shot in the head died shortly after noon Wednesday.

Wednesday evening, the charge against 70 year old David Lang was upgraded from attempted murder, to second degree murder. That's because his younger brother, 63-year old Russell, died from the gunshot wound around noon Wednesday.

"Take a good look and get the hell out," shouted accused killer David Lang as he left a New York court room late Tuesday night. He was in court again Wednesday to face a new charge that's more serious, second degree murder.

Since the 1980's David and his brother Russell Lang lived in an old farm house in Crown Point. but Tuesday afternoon, a verbal argument turned deadly. police say 70 year old David shot 63 year old Russell in the head. he died less than 24 hours later.

"there's no evidence whatsoever that this was accidental, all of the evidence indicates that this was a deliberate, intentional homicide."

shortly after the shooting, David called 911 to report that he had shot his brother. officers responded and found the victim in the driveway.

"we do have quite a substantial bit of evidence consisting of admissions by the defendant."

investigators spent much of Wednesday combing through the crime scene and collecting evidence, a lot of attention was given to the inside of a red Jeep. police wouldn't say why, but did reveal that they found several weapons on the property. "our troopers who responded initially located a 22 magnum rifle nearby that we believe may have been the murder weapon."

police say alcohol was involved. this is video from Tuesday when beer cans were thrown in the lawn. that impacts the prosecution on the case. if alcohol was a main factor, the second degree murder charge could be decreased to manslaughter.

"he's innocent until proven guilty so we need to make sure that we keep that out there, our job is to prove the case and that's what I plan to do."

the Lang's are long time residents of crown point. neighbors say they're in shock. police say, the victim, Russell leaves behind two sons.

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