DECATUR - A 45-year-old man became Decatur's first homicide victim of 2008, after he was shot twice in the upper left torso about 10:50 p.m. Tuesday during a fight in the 600 block of West Cushing Street.

Witnesses said Vinson Banks was in the driver's seat of a maroon Cadillac when he was shot by a man they later identified from a photo array as Kenneth J. Harris, said Decatur police detective Toby Williams in a sworn statement filed Wednesday in Macon County Circuit Court. The car belonged to Harris, he said.

A witness to the shooting took Banks to Decatur Memorial Hospital, Williams said.

Banks was pronounced dead at 11:26 p.m. Tuesday at the hospital, said Macon County Coroner Michael E. Day.

A police investigation led to the arrest of Harris, 23, and a 15-year-old male juvenile on preliminary charges of first-degree murder, Decatur Deputy Police Chief Todd Walker said.

Harris appeared in court Wednesday, where Associate Judge James Coryell set his bond at $500,000. He remained in the county jail Wednesday evening in lieu of $50,000 cash bail.

The juvenile was incarcerated in the Sangamon County Detention Center in Springfield, pending a detention hearing today in Macon County Circuit Court.

State's Attorney Jack Ahola said that because of the nature of the offense, state law does not allow a juvenile court to hear the case, though it has to start there.

"It will be an automatic transfer to adult court if (the 15-year-old) is charged with first-degree murder," Ahola said. Personnel in his office will be reviewing police reports, and charges could be on file before the end of the week, he said.

Day said an autopsy on Banks was conducted Wednesday at Memorial Medical Center in Springfield. He said the cause of death was massive internal bleeding caused by two gunshot wounds, one of which pierced Banks' heart.

Police officers interviewed several witnesses and located shell casings at the scene of the altercation on Cushing Street, Walker said. Additional interviews and investigation were conducted Wednesday, he said.

In his sworn statement, Williams said that about 10:45 p.m. Tuesday, Harris was contacted via cell phone by a 15-year-old relative who told him he was involved in a fight in the 600 block of West Cushing Street with four men.

Harris later confirmed to police that he arrived on the scene in his 1994 Cadillac a few minutes after receiving the call. Williams said Harris denied having a gun and stated that a man he knew as "Adam" was in the area firing a gun about the same time as his Cadillac was stolen.

Officers detailed to Decatur Memorial Hospital found Banks in critical condition. A second man had facial injuries suffered in the fight and was being treated at the hospital, Walker said.

Williams said a 17-year-old girl told police she was "hanging out" with the 15-year-old boy when her father returned home with three other men, one of whom was Banks. He said the girl stated that her father got into an argument with the boy, which later led to a physical confrontation.

A 26-year-old man who was present said that when the fight started between Banks and the male juvenile, he tried to hold Banks back but he was hit with something and fell on the curb, Williams said.

The witness stated that when he came to, he saw Banks sitting in the Cadillac and observed "a couple of muzzle flashes" as he was shot by Harris, Williams said. Both he and the teenage girl stated that they then saw Harris and the male juvenile flee on foot.

Williams said that when the male juvenile was questioned, he confirmed everything except his relative being armed with a gun. He said the boy stated that a couple of unknown subjects were shooting, so he and Harris fled the area.

Ron Ingram can be reached at ringram@herald-review.com or 421-7973.