A preliminary hearing is set Wed., Sept. 1, for the Opp man accused of murdering his 4-year-old nephew in July.

John Curtis Davis, 25, confessed to shooting Curtis Alexander Ruede point-blank in the chest with a .177 caliber, 4.5 mm air rifle at a West Cummings Avenue home in Opp, where the two lived with Davis’ mother. Witness reports said Davis shot Ruede when the child dropped a toy on Davis’ foot.

Davis is now charged with capital murder in the boy’s death.

During the preliminary hearing, the state is required to establish probable cause that the case should be bound over for grand jury presentment, said District Attorney Greg Gambril.

“Every defendant who is arrested for a felony offense has the right to a preliminary hearing, but it has to be requested within 30 days of arrest, and at the request of the defendant,” he said.

Davis’ court-appointed attorneys are Mark Christensen and Rod Sylvester.

The man charged in this case is not the same John Davis who is a Republican candidate for sheriff.