Prosecutors have lessened the charges against Kenan Gay, the Charlotte Law 2L charged with pushing a man out into the middle of traffic and killing him.

The prosecution has done the charging, but the defense has done the talking. A few weeks ago we told you Gay’s attorney argued that the victim, Robert Kingston, had been hitting on Gay’s girlfriend. Now, the defense has apparently conducted an investigation and found some witnesses who paint a very different picture of what went down before Kingston’s death.

And, not surprisingly, the defense’s investigation is not favorable to the victim…

The report in the Charlotte Observer contains defense allegations that Kingston repeatedly hit on Gay’s girlfriend:

Over about a 30-minute period, [defense attorney David] Rudolf said, the video shows that Kingston first talked with the girlfriend, next rubbed up against her and then put his arm around her shoulder.

The girlfriend was dancing by the open door, Rudolf said, when Gay overheard Kingston tell friends, “Watch this.” Kingston then approached the girlfriend again, the motion said, put his arms around her, “grabbed her by her buttocks and attempted to kiss her on the mouth.”

“To stop Kingston from assaulting Elizabeth, (Gay) simply grabbed Kingston and pushed him outside the bar,” the motion said. “He did not punch Kingston, or otherwise retaliate…. What happened thereafter, according to several witnesses, was that Kingston, who was intoxicated, stumbled into the street in front of a passing car.”

That’s a different story than the bar owner told people immediately after the event. Prosecutors alleged that Gay muscled Kingston right up to the sidewalk and pushed him into traffic.

Gay was released on Wednesday on $100,000 bond, after the prosecutors lowered the charges against him from 1st degree to 2nd degree murder. Even if you don’t believe the new defense version of events, 2nd degree sounds much more appropriate for this kind of situation.

We’ll keep you posted as more arguments are made by both sides.

Attorney: Client didn’t push victim into car’s path outside Dilworth bar [Charlotte Observer]

Earlier: Law Student Charged With Murder Claims It Was All About A Girl


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