After Charles "Moonie" Birchfield threatened to blow his girlfriend's head off with two assault-style rifles, he laid the guns down to gather his belongings, a detective testified Monday.

It turned out to be a fatal mistake.

His girlfriend, Michelle Horn, took the clip out of one gun - an AK-47 - and left the apartment with the other weapon - a .45 caliber long-gun - and sat in her car about 50 yards from the unit, the detective said. After a few more brief confrontations between the two, Birchfield was dead, the detective said.

Birmingham Homicide Detective Marcus Robinson testified Monday at a preliminary hearing for Horn about Birchfield's shooting death

At the end of the hearing Jefferson County Circuit Judge Virginia Vinson said she found probable cause for the charges of capital murder, shooting into an occupied dwelling, and shooting into an unoccupied dwelling against the 36-year-old Horn. The judge forwarded the case to a grand jury for possible indictment.

Horn is charged in connection with the Feb. 16 shooting death of Birchfield, 27, outside the apartment they shared in the 1600 block of Warrior Road. Horn called 911 and told a dispatcher she had shot her boyfriend, Robinson said. When police arrived, they found Burchfield dead on the ground near the couple's unit.

Whitney Moore, a woman who lived at the apartment, told police that Horn and Birchfield argued that morning about other women calling Birchfield on his cell phone, Robinson testified.

Birchfield got two guns - an AK-47 and a .45-caliber assault-style gun and began threatening Horn and Moore to "blow their heads off," Robinson said. While Birchfield was packing up his belongings, he laid the two guns down on a couch, he said Moore and another witness reported.

Horn then took the clip out of the AK-47 and then took the .45-caliber rifle and left the apartment, the detective said Moore and another witness reported. Horn got in her vehicle outside the apartment and backed up about 50 yards, the detective said the witnesses report.

Witnesses reported that the couple continued to argue, with Birchfield coming out of the apartment at least twice to confront Horn while she remained in the car, Robinson said. On two or three occasions Horn fired the .45 caliber rifle, all while sitting in the car, the detective said based on witness reports. In all, she fired about five rounds based on shell casings found at the scene. Bullets struck an occupied apartment and one unoccupied apartment.

One of the times Horn fired came after Birchfield picked up the empty AK-47, and from the apartment, used the scope to point a laser at Horn, Robinson said witnesses reported.

The last gunshots from Horn came after Birchfield stepped out and threw a brick at the car Horn was driving, Robinson said.

Horn stayed at the scene after calling 911.

Deputy Jefferson County District Attorneys Kechia Sanders and Riggs Walker are prosecuting the case.

Horn, who remains free on bond pending trial, is represented by attorneys Kevin Roberts and Beverly Scruggs.

Roberts declined to say what Horn's defense strategy will be but said there are some facts that came out at the hearing that will be useful.

Birchfield's family attended Monday's hearing and wore t-shirts commemorating him. Birchfield's mother and stepfather declined comment.