Niagara Falls police have a homicide and an eyewitness. But they also have a problem: The suspect has an identical twin brother. Police believe one is a suspect, but which one?

A judge ordered twins Edward and Raymond Nickens, 31 to be photographed with and without their shirts in an attempt to identify if one of them was the shooter. Niagara County prosecutors said the photo session was also important as the twin brothers could change their appearances to look even more alike.

The twins wore identical clothes and goatees in court, with the only distinguishing marks being the twins’ tattoos. The victim, 23-year-old Joshua Hayes, was shot and killed in May with a gunshot to his head in front of witnesses.

In May, Joshua Hayes, 23, was shot to death on Michigan Avenue in Niagara Falls.

In May, Joshua Hayes, 23, was shot to death on Michigan Avenue in Niagara Falls.

The problem arose when a witness gave a physical description of one brother and picked him out in a police photo array, but used the name of the other brother, according to police officials.

Complicating the issue, the assistant D.A. told the judge that both brothers tested positive for gunpowder residue on their hands and clothing.

Police have not released photographs of the pair yet because they have not being able to determine which one to charge.