A grand jury has indicted a second suspect on capital murder charges for a January shooting outside a northeast El Paso nightclub in which he was wounded.

Tyrone Head, 21, was arrested Friday on two counts of capital murder. El Paso police have identified the shooter, but a grand jury indicted Head, saying his actions that night led to the deaths of two Fort Bliss soldiers.

Local longtime attorney Luis Aguilar explained why an accomplice could be found just as guilty as the alleged gunman.

"Anybody that aides, encourages, assist(s) to commission of a felony is guilty of the felony," said Aguilar.

Aguilar said that is exactly the reason why Head has been indicted. KFOX 14 uncovered the indictment Tuesday. It states Head pulled a gun and shot at 29-year-old Craig Graham outside the Fusion nightclub in January.

El Paso police said Graham fired, hitting Head and killing 21-year-old Fort Bliss soldiers Damien Bailey and Preston Brown. The indictment states Head's actions lead to the deadly shootings.

"This is not a case of self-defense or defense of a third person. You have no right to point a gun at anyone and be threatening them," said Aguilar.

Graham is being charged with capital murder. Those are the same charges Head is now facing.

"Whatever he is charged with -- murder, capital murder, aggravated robbery -- you will also be responsible for the same offense," said Aguilar.

Both men now face life in prison without the possibility of parole.

"In the state of Texas the criminal justice system is very harsh," Aguilar said.

According to Aguilar, that is particularly true in capital murder cases. He said when it comes to Head, his defense must prove Graham acted alone.

"We did not assist the commission. The defendant on his own, he committed the murder. We had nothing to do (with) it, because mere presence isn't sufficient to be indicted, you have to encourage, you have to participate," said Aguilar.

Graham and Head are currently behind bars at the El Paso County Jail. No trial date has been set for either man.