BIRMINGHAM, Ala. (WIAT) — One man is dead while another is in the hospital after being shot in the leg following an alleged fight in Pelham Tuesday.

At about 8:13 p.m. Tuesday, officers with the Pelham Police Department were called to a home in the 500 block of Grand Reserve Drive. Arriving on the scene, officers found Paul Tooson, 78, dead while Saxon Benison, 51, had suffered a gunshot wound to the leg.

“The preliminary investigation indicates that an argument between the two individuals led to one of them producing a firearm and discharging it, striking the other individual in the leg,” a statement from the PPD read. “A subsequent struggle over the weapon resulted in the weapon being discharged a second time.”

Benison was taken to a nearby hospital for injuries that were not life-threatening.

The case remains under investigation.