One man is off the hook and another is facing a March trial date following shots fired during an argument at a house in Hernandez last year.

Isaac Greene, 36, of Albuquerque, had a single charge of aggravated assault with a deadly weapon bound over to district court following the incident. His case is tentatively set for trial on March 9 in Tierra Amarilla District Court.

The other man initially charged, Jacob Martinez, 38, of Chimayó, is off the hook after prosecutors didn’t push his case forward in a timely fashion.

The biggest difference between the cases levied against the two men for the June 26 shooting in Hernandez, was Greene was initially and subsequently charged with felony aggravated assault with a deadly weapon and misdemeanor negligent use of a deadly weapon while Martinez was charged with misdemeanor negligent use of a deadly weapon.

Rio Arriba Magistrate Judge Joseph Madrid dismissed the charges against Martinez with prejudice on Oct. 16, meaning they can’t be brought again. In a form, he checked a box indicating that prosecutors had not brought their case in a timely manner, following a bench trial the same day.

In Greene’s case, he waived a preliminary hearing on Aug. 20 and prosecutors dropped the misdemeanor negligent use of a deadly weapon charge, per an agreement that was not filed with the court. He was then bound over in September and arraigned on the single count of aggravated assault with a deadly weapon on Oct. 9.

Deputies arrested Greene at the scene and issued the misdemeanor summons to Jacob Martinez, Deputy Dennis Martinez wrote in a statement of probable cause. They were sent to a Hernandez house for a call about a man with a gun at the house, men arguing and shots fired.

At the house, they found a beaten and bloody man. Jacob Martinez told deputies he did not know the beaten man, but that he rode with him on the bus from Taos to Española and then saw him walking down the road, and then they started yelling at each other, he wrote. Greene told deputies that he had never seen Maestas before in his life.

Jacob Martinez told deputies that he fired a round into the ground to get Maestas to leave “and that he knows his rights.” Greene told them that he didn’t fight with Maestas or fire a shot, Dennis Martinez wrote.

When deputies searched the house, they found two handguns in a drawer, he wrote.

Checking a neighbor’s surveillance footage, they saw Maestas yelling at the two men, then heard one gunshot, followed by Greene walking up to Jacob Martinez and firing one round with a pistol “near Mr. Maestas but not hitting him.” After deputies and detectives talked it out, they decided to arrest Greene and issue a summons to Jacob Martinez, Dennis Martinez wrote.