Judge does not dismiss 2nd degree murder charge in Kenan Gay tri - WBTV 3 News, Weather, Sports, and Traffic for Charlotte, NC

Judge does not dismiss 2nd degree murder charge in Kenan Gay trial

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CHARLOTTE, NC (WBTV) -

Two big developments happened Thursday in the second degree murder case that happened outside a Dilworth bar.  The judge did not dismiss the charge or reduce it. Lawyers say the defendant, Kenan Gay, will take the stand.

Jurors have to decide if Robert Kingston died two years ago because he stumbled into the street or because Kenan Gay pushed him into the street.

Defense lawyers argued Wednesday that prosecutors didn't prove Gay's actions were consistent with second degree murder.

"The state has not shown malice," said defense lawyer, Dave Rudolf, "They had to show a sort of depraved state of mind on the part of Kenan.  And our argument was they hadn't shown that because all he was trying to do when he pushed Mr. Kingston out the door was to get him off of Liz."

But the judge Thursday morning said he will let the jury decide.  He said there was evidence that shows Gay intended to push Kingston.

It was an emotional day for Kenan Gay's wife, Liz Wicker Gay, who cried multiple times while she testified. Prosecutors asked her, "You're crying because your boyfriend was arrested for murder?" 

She said, "Yes."

Wicker Gay walked into courthouse holding her husband's hand.  She was the defense team's first witness.

Two years ago, she was dating Kenan Gay.  She told jurors she was creeped out by Robert Kingston because he stared at her body the first time they met.  Later that night, Kingston would lean in to kiss her and Wicker Gay says Kingston put his hands on her butt.  She told police and prosecutors she did not see what happened outside after Gay pushed Kingston away from her. 

She said she ended up going to the police station when she saw an article posted online at midnight saying someone was arrested and a man died in the street.  Prosecutors asked would she lie to protect her husband and she answered, "No ma'am."

They also asked her if she was coached on her testimony or told what to wear. She said no. 

When asked if she rehearsed her testimony so that the jury would like her, she snapped back, for two years and three months she has been thinking about the Kingston family.  Wicker Gay also said she understood the gravity of the situation.

The defense also called a toxicologist who testified to the victim's blood alcohol content being .29.  She said .29 could affect a person's eyesight, stability and ability to react.

A classmate from the Charlotte School of Law also spoke in Gay's defense.

Kenan Gay is expected to take the stand in his defense. His lawyers told the judge he would in front of the jury, but we do not know how many more witnesses the defense will call before him.

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