The preliminary hearing set today for the Opp man accused in the shooting death of his 4-year-old nephew has been postponed.

John Curtis Davis, 25, is charged with capital murder after confessing to shooting Curtis Alexander Ruede point-blank in the chest with an air rifle at a West Cummings Avenue home in Opp, where the two lived with Davis’ mother, in July.

Witness reports said Davis shot Ruede when the child dropped a toy on Davis’ foot.

During a preliminary hearing, the state is required to establish probable cause that the case should be bound over for grand jury presentment.

No order has been issued to reset the hearing date.