CHEEKTOWAGA, N.Y. — The man accused of shooting a semi-automatic rifle into a Dollar General in Cheektowaga faced a judge once again Tuesday.

Travis Green has been in jail since last Tuesday when the shooting happened.

Green appeared in Cheektowaga town court for a felony hearing, something that has to happen within a week of a suspect being arrested.

The purpose of the hearing is so the prosecution can present evidence to justify charging Green with a felony.

Normally the defense would waive the case to a grand jury, but Green's attorney chose not to do that. He wanted to hear testimony from eye witnesses.

Even though the defense wanted the judge to send the case to the grand jury on a "reckless endangerment" charge, the judge decided there was actually enough evidence to uphold the highest felony charge: second-degree attempted murder.

"I think what this case is going to come down to is what's going on in his head. Reckless endangerment is basically behaving in a manner you know could cause the death of somebody and it's much lower, it's still a serious felony, but it's a lot different than attempted murder where you're trying to kill somebody,” said Paul Dell, Green's attorney.

The DA's Office has 45 days to present the case to a grand jury, and then the grand jury has six months since the day of Green's arrest to indict him.