Closing arguments in Kenan Gay murder trial - WBTV 3 News, Weather, Sports, and Traffic for Charlotte, NC

Closing arguments in Kenan Gay murder trial

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CHARLOTTE, NC (WBTV) -

The jury in the Kenan Gay trial has started to deliberate. Police said two years ago outside a Dilworth bar Gay pushed a man into the street in front of a moving car which struck and killed him.

Seven women and five men are considering all the evidence in this case. They have to decide if Kenan Gay is guilty of second degree murder, involuntary manslaughter or not guilty. Lawyers from both sides argued their view of the evidence.

Lead prosecutor Jay Ashendorf told the jury, we can all agree Kenan Gay did not want Robb Kingston to die. He said Kenan Gay threw Kingston in the street with no regard to what might happen.

Second degree murder is an unintentional killing of a human being with malice. Involuntary manslaughter is an unintentional killing done in a criminally negligent way. The assistant district attorney reviewed the law and explained why they believe Kenan Gay is guilty.

Ashendorf said heroes don't run away. He said Gay ran away that night and he is still running away from the law. He said Kenan Gay's version of the events that he released Kingston while standing between cars out front of Ed's Tavern is different from every other witness. He says yes Kingston was drunk but there is no way he would stumble into the street from that distance.

The defense team told reporters what Gay testified to doing doesn't even come close to second degree murder.

"I think anytime someone dies. As I said, he certainly didn't deserve to die for anything that happened that night. There's going to be a natural tendency on the part of the jury to want to say somebody should be held responsible," said defense lawyer Dave Rudolf.

Defense argued we all make choices. They say Gay did not choose for Robert Kingston to die. They said Kingston had a .29 blood alcohol content, that's why he was in the street. They said Gay didn't know how drunk Kingston was.

Dave Rudolf told the jury that this case comes down to 6 seconds from the moment Kingston grabs Kenan Gay's girlfriend to the moment he is hit by a car. He said this boils down to did Gay have malice in his heart.

The judge told the jury Kenan Gay is presumed innocent and the state has to prove beyond a reasonable doubt he is guilty.  He added all the jurors have to agree to the verdict. Jurors deliberated for about an hour and half Wednesday. They were sent home for the night.

Defense lawyers say you never know what the jury is thinking. They say Kenan Gay is stressed and nervous but holding up.

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