LAWRENCE TOWNSHIP, N.J. (CBS) — A man accused of fatally shooting another man at a Mercer County Applebee’s last November has been indicted on a first-degree murder charge.

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Noel Powell III, 27, was charged with one count of first-degree murder, one count of second-degree unlawful possession of a weapon and one count of second-degree possession of a weapon for an unlawful purpose.

Investigators say Powell is accused of fatally shooting 23-year-old Devin Smith in the head. It happened at the Applebee’s on Route 1 in November 2017.

Powell remains behinds bars at the Mercer County Correction Center.