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Criminal Justice

Lawyer Says 2L Tossed Victim Out of Bar, But Not in Front of Car; Sees Death as ‘Tragic Accident’

Posted Mar 15, 2012 9:10 AM CDT
By Debra Cassens Weiss

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A lawyer for a North Carolina law student accused of killing a man by shoving him in front of a car says the death was “a tragic incident” rather than murder.

Charlotte School of Law student Kenan Wells Gay is accused of second-degree murder in the death of Robert Kingston III, who was killed during an altercation that began in a Dilworth bar. Gay’s lawyer, Christopher Fialko, said in a motion filed Tuesday that Gay pushed Kingston through the door of the bar, and then the intoxicated victim stumbled into the path of the car, the Charlotte Observer reports.

Defense lawyers say Gay reacted after Kingston kept bothering Gay’s girlfriend. According to the motion, Kingston “grabbed her by her buttocks and attempted to kiss her on the mouth.” To stop the assault, Gay “simply grabbed Kingston and pushed him outside the bar,” the motion said.

Gay was released Wednesday on $100,000 bond.

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