MILWAUKEE (CBS 58) -- The family of a 35-year-old man killed in a shooting may be one step closer to justice. 

Milwaukee police say David Krause was at a gas station looking for a ride home when he got into a car with several teens inside. 

Investigators say the teen shot him, then set the car on fire. 

During a waiver hearing on Thursday, July 23, the judge first said it would be in the 16-year-old's best interest to remain in juvenile court. 

Believing that was the case, members of Krause's family stood up and walked out of the courtroom. 

Moments later, the judge continued his ruling -- saying the public's interest outweighed the teens and ordered the case transferred out of adult court. 

Last week, a judge denied a waiver for a different charged in the case. 

A third teen charged is scheduled for a waiver hearing on Aug. 12.