The Rapid City man accused of killing a man over the weekend made his initial appearance before 7th Circuit Magistrate Shawn Pahlke Tuesday.

Jesus Garcia Torres, 41, is being charged with second-degree murder and an alternative count of first-degree manslaughter. He is also charged with possession of a loaded firearm while intoxicated.

If convicted of second-degree murder he will face a mandatory life sentence in the South Dakota State Penitentiary. First-degree manslaughter carries a maximum of up to life in prison.

Torres can be convicted of one of those charges, but not both. Both charges carry fines of up to $50,000.

The firearm charge is a misdemeanor with a maximum penalty of one year in jail and a $2,000 fine.

After the charges were read to him Tuesday morning via video conferencing, Torres told Pahlke that he plans to consult an attorney.

Torres was arrested early Sunday morning on suspicion that he killed 44-year-old Paul Ortiz of Rapid City.

Officers were called to a fight at 1520 Fifth St. about 9:15 p.m. Saturday, according to the Rapid City Police Department. After the officers arrived, they heard a gunshot.

Police said that Ortiz suffered a gunshot wound to the head and was transported to Rapid City Regional Hospital where he was pronounced dead.

Ortiz's wife, Mary, said Torres started a fight immediately after showing up at a backyard horseshoe party.

She said Torres fired the fatal shot after her husband tried to break up the fight, and that Torres and his brother showed up at the party to attack her son, Aaron, who was stabbed in the arm.

Torres is being held without bond in Pennington County Jail.

Residents of the neighborhood said they could hear a party going on at the house during the day and could later hear arguing.

The Associated Press contributed to this report.

Contact Ryan Woodard at 394-8412 or ryan.woodard@rapidcityjournal.com