An El Paso County judge bound over a single count of second-degree murder for the suspect in a June road rage incident Tuesday, allowing the case to proceed despite opposing arguments that the suspect was acting in defense of another. 

Howard Heyliger, 31, is accused of shooting and killing Matthew Helberg, 39, on June 26 near East Platte Avenue and North Cedar Street in Colorado Springs. Heylinger reportedly told police he fired the gun to “protect his friend,” during an encounter that began on the road and ended with Helberg’s death, in a parking lot just east of downtown. 

During Tuesday’s preliminary hearing, the prosecution called two Colorado Springs police officers to the stand, patrol officer Austin Hornberger, one of the initial responders to the scene, and lead homicide detective Ashton Lofgren. Their combined testimony lasted several hours, and provided more insights into the night of Helberg’s death.

Helberg and his fiancé had been driving home from a date when the incident occurred. The fiancé told investigators Helberg and the male driver of a red vehicle got into a verbal argument regarding the loud music and exhaust system on Helberg’s vehicle. The two men pulled into a parking lot where they exited their vehicles and began an argument that allegedly turned physical. 

Surveillance footage from a nearby neighborhood home did not capture the actual altercation, but when played in court, some yelling, followed by several gunshots, could be heard.

Lofgreen said that statements given to police by everyone on scene diverge on exactly what happened before the shots were fired. All, however, agree that Helberg threw a few punches, striking the driver of the red vehicle, who was Heyliger’s friend.

Lofgreen testified that Heyliger told detectives he was following his friend home from a night out when he saw him pull over. Knowing the friend had been experiencing car problems, Heyliger said he also pulled to the side of the road to help out.

According to Heyliger’s arrest affidavit, the friend described Helberg as “soft spoken” and “non-argumentative” while initially talking. However, the friend told police that once Heylinger parked behind the pair, Heyliger allegedly started to yell at Helberg, asking if he had a weapon. Heyliger’s affidavit indicates the situation turned physical shortly after between the friend and Helberg. 

In response to seeing the physical altercation, Heyliger told police he went back to his car, grabbed his firearm and fired several rounds at Helberg out of fear for his friend’s safety. It was revealed in court that the friend had sustained a traumatic brain injury months prior. 

During the friend’s interview with police, he told detectives he wasn’t sure why Heyliger fired shots, as he didn’t feel like his life was in danger. After Helberg fell to the ground, the friend allegedly questioned Heyliger regarding his lethal actions, the arrest affidavit states. 

Hornberger’s body camera footage was played for the courtroom, during which the CSPD officer is seen running over to a chaotic crowd of people standing in the street, circled around Helberg’s body. Aid was rendered, but Helberg was declared dead on scene.

Emotions ran high in the courtroom during the video’s playback. Family and friends of Helberg shed tears, and at times sobbed audibly. According to Helberg’s obituary, he had five children and three stepchildren at the time of his death. 

Judge Michael McHenry ruled to bind over the second-degree murder, saying it would be up to a jury to determine if Heyliger was acting in self-defense.

Heyliger appeared out of custody for Tuesday’s hearing after posting a $50,000 bond in July. His next appearance in a 4th Judicial District courtroom is set for Nov. 5, during which he will enter a plea.