Tuesday, March 6, 2012

Ed's Tavern Owner Tells Court Bobby Kingston Didn't Resist Killer Kenan Gay

Alan Cole, owner of Ed’s Tavern, told Charlotte's news media that he will turn over a surveillance video to police that shows Bobby Kingston leaning over to speak with a female patron moments before Kenan Gay forced him outside and threw him into Park Road traffic.



Cole told reporters that in the video Kenan Gay can be seen grabbing Bobby Kingston by the collar and pulling him out the front door of Ed's Tavern.

Cole, who was in the bar the night of the incident, said Kingston was smiling and did not resist Gay.

“When they hit the doorway, Mr. Gay’s face changed and he started walking faster,” Cole said. “There was no pause. We were like ‘Oh My God! They’re going to fight.’”

"(Gay) didn’t acknowledge us, didn’t pause, ran straight with the gentleman toward the sidewalk," Cole said. "He stopped at the end of the sidewalk and tossed him into the street."

Bobby Kingston landed on his hands and knees in the street a split second later he was struck and killed.

On Monday, Gay's lawyer gave his version of what happened inside the bar.

"The fellow was putting his hands on my client’s girlfriend," attorney Chris Fialko said. "My client was trying to get her off of him; they were standing at the door. He threw him out the door. Unfortunately, and in an unlucky way for everyone, it was right near the road."

Fialko does not agree with the murder charge, and fought to have Gay's bond hearing moved up so he could get out of jail.

Cedar's Take: Mr. Fialko, if the above statement in quotes is correct, probably needs to re-think his career as a criminal defense lawyer. First referring to Bobby Kingston as "The Fellow" didn't make any points with the judge, as the victim has a name. Fialko can play that game with a jury and try to dehumanize the victim, and minimize the shock and horror of his client's behavior during the trial.

Second, it isn't like the door opens up to speeding cars. This wasn't an opps moment. There is at least 30 feet and then a sidewalk before Gay pushed Kingston into the street.





Photos of Ed's Tavern back in the MD days.

Cedar Bonus: Kenan Gay was reported as being a former UNC foodball player. However Gay was cut from the team and never played in a game.

Kingston, who's family is from Columbus Ohio, had planned to marry CMS teacher Keri McIntyre on August 4, 2012 at Zion Lutheran Church in New Middletown Ohio.


Photo of Keri and Bobby from late last year that was published along with the engagement announcement.

You might recall Keri McIntyre as the "Hot for Teacher" youtube victim back in 2007. WSOC's coverage is here.

Cedar's Last Word: Bobby Kingston was a nice easy going guy just out for a good time with some friends when Gay went all "Road House" on him. Witnesses tell how Kingston was just laughing off the confrontation and wasn't resisting or fighting back. Of course Kingston had no idea that his very passive approach to dealing with Gay's drunken rage would end his life just seconds later.

Gay on the other hand is the type of idiot we would all like to be protected from. A former wood head from UNC's football team, who doesn't have the skill set to function when boozed up could do us all a favor and plead to a lesser charge of involuntary manslaughter serve his 14 years and let the rest of us get on with our lives.

72 comments:

Anonymous said...

Cedar good job pulling the facts together and giving a bigger picture as to what happened at Ed's Tavern.

BTW I agree Gay should just man up and save us all the time effort and money. He can go on with his bad ass self to Raleigh to earn his law degree.

Anonymous said...

I think a game of human frogger is in order. If he can make across 74 at night he goes free. People would pay to watch.

Anonymous said...

I am a friend of Kenan Gay and he is not a killer. Your headline is wrong. Kenan is a good guy and as soon as he gets out of prison he is gonna whip your skank ass.

Anonymous said...

Kenan Gay has some real issues, there is a very dark and violent past that seems to have caught up with him.

Someone needs to ask about his distant past and his mother.

Which might explain why he hit my daughter with a blender two years ago.

Anonymous said...

I believe that there are always two sides of a story and both should be taken into consideration. I too know Kenan and this could have happened to anyone, even a smart, well rounded guy like Kenan. Take a second to stand back and think about what you would do if someone was making your significant other uncomfortable... all being said, this is an awful situation for everyone involved that unfortunately ended in a tragedy.

Anonymous said...

All I've heard is that Gay was hammered and that the supposed "girl friend" was someone who Gay thought he could get lucky with. The woman didn't come to Ed's or plan to leave with Gay.

Good luck with that defending her honor BS. If there was any honor he would have just left.

Anonymous said...

Why would Gay run like a sissy and leave his girlfriend with such a mess that he created? He sure has a weird way of protecting her.

My guess is his last name will do him no favors in the pokey. Hope he enjoys large, sweaty "friends" who enjoy little blonde kids.

Anonymous said...

Kenan Gay has a real purdy mouth, don't he?

Anonymous said...

Had this been in North Charlotte and had Kenan been Jerome and he just shot and killed someone he would be out on the street already. Gay just forget that white people are held to a higher standard.

Anonymous said...

I believe your article title, along with your assessment of the situation, to be totally one-sided and lacking in any consideration for what really happened. I know Kenan and the person I know is not a killer. The events that transpired at Ed's in no way amount to murder. If there is a lawyer in this case that needs to check his approach, it's the prosecutor. I suppose this glowing example of humanity that was attempting to cheat on his fiance at the bar didn't deserve to die, but he probably did deserve an attitude readjustment for thinking he could put his hands on any woman, that didn't invite the contact, without repercussions. Kenan is an intelligent, kind and considerate person. He doesn't deserve to rot in jail for two weeks just so the court can look like they treat everyone equally. This situation, like all situations, calls for individual examination. All Kenan did was shove a guy that was being a jerk out the door. Just because Kingston was smiling doesn't necessarily mean his attitude and demeanor were jovial or innocent. The fact remains that if there hadn't been a car, Kingston would have dusted himself off and hopefully learned a lesson about how to treat ladies in public. It was simply a tragic accident that there happened to be a car there.

Anonymous said...

"He doesn't deserve to rot in jail for two weeks" - 1:43 PM

You're right. He deserves to be there much longer. If someone is thrown into a busy street it's no "tragic accident" if the result is that person is plowed down by a car, it's cause and effect.

Cedar Posts said...

Mr. Gay and his friends need to understand Bobby Kingston's death was not an accident it was a consequence.

Anonymous said...

Isn't this the same building where Martin's Hardware was located. He was murdered in that building, in a crime that has yet to be solved.

Anonymous said...

oops meant Mr. Martin owner of Martins hardware, was killed in that building

Anonymous said...

Wonder if Gay's mother will come on visiting day? Oh wait she can't come can she?

Anonymous said...

I'll bite, what is the scoop on Gay's mother?

Anonymous said...

Ed's is indeed the former Martin's hardware store. One of dozens of homicides on the books still unsolved.

Anonymous said...

Regardless if your friends with this Gay character, he was a killer on this night. You can like him and pity him for what will become of him, but he had 30 feet of parking lot to throw Kingston and decided not to do that until he hit the street with passing traffic. Accident? Especially when the victim wasn't resisting or fighting back. I could see if they were fighting and it spilled into the street this being an "accident" But the witnesses and facts state that he ran him to the curb. In order to run don't you have to have a few feet of acceleration before defining it as running? The owner said once they hit the door Gay began to run with Kingston towards the street. I guess he didn't see the headlights of a beamer 30 feet in front of them before he tossed him and murdered him. Deny it all you want, it was murder. By the way the cameras had Kingston leaning in and talking to the "girlfriend" Only person saying his hands were all over her was the idiot lawyer. Never saw the owner of bar say he saw any foul play by Kingston or the girl complaining. This jerk deserves major consequences for his selfish and uncontrollable temper. If he doesn't get punished now this will happen down the road in some shape or form again. Knowing his strong family background, any case of him committing a crime prior to this event was probably tossed out because of his last name and social status. I know plenty of violent guys who never get caught. I'll put money on this that people will come out who knew him and say he had violent tendencies.

David said...

I love the friends of Gay defending him. OK, he's a good guy. Set him free, I'm sure a big mistake was made. Yeah.
He is simply a guy who thinks he is better than anyone else and used his macho to toss a gut in front of a car and run like a scared rabbit. He is a coward.

Anonymous said...

You defenders of this guy need to come up with a better spin. There is NO excuse for going all Tony Soprano on this poor dude. Rage issues much??

Anonymous said...

I have seen conflicting stories on when Gay was apprehended. Some say a little later that night and others say the next day.
To me that is important from a blood alcohol level standpoint.
Anyone know for sure?

Anonymous said...

What happened with his mother as an earlier post mentions?

Anonymous said...

Ok, Gay's lawyer needs an education in self-defense claims. Self defense is an affirmative defense, that is to say that the defendant committed the action but it was justified. That would require Mr Gay to take the stand and give his testimony in defense of his action. Here is the criteria he needs to meet (he must meet ALL of them:
1. The defendant MUST believe their life is in imminent threat. In this case that doesn't seem to meet this criteria.
2. A reasonable person, if facing the same situation would also feel their life is in imminent threat. Again, this is doubtful.
3. The defendant use ONLY the force required to stop this threat. Mr Gay goes far beyond this.
4. The defendant is not an instigator to the conflict.

Since Mr Gay does meet ALL these criteria he cannot claim self defense, so I hope he like a LONG time in prison. For those who defend this fool, remember that alcohol doesn't excuse a murder's action, unless the other man was an immanent threat, there is no excuse for killing him.

Anonymous said...

Had Kingston and Gay been in a fight out in the parking lot, both throwing punches and in the act of defending himself Gay threw Kingston aside and into the street, we'd have a different story. But by all accounts Kingston was passive, even if mockingly and Gay threw him in street knowing that he might get hit.

Anonymous said...

Gay's mother won't be coming to see him in prison.

Anonymous said...

8:10, I must have missed something - self-defense? Where did you get that?

Anonymous said...

8:39, sorry I was referring to the fact that the lawyer for Mr Gay seemed to be indicating that Mr Kingston had somehow insulted/sexually harassed a female companion of Mr Gay; and it was this act that cause Mr Gay to act out., as if this somehow justifies Mr Gay's actions. Assuming the defense is a "third person" self defense, he would still need to meet those four criteria (even in third person cases).

Anonymous said...

If I was Kenan Gay, I would be bulking up and banging some serious iron, cuz with a name like that I give him about a week before he's riding bitch.

Bobby Kingston might be dead but he's still laughing.

Anonymous said...

8:36, what happened to his mother?

Anonymous said...

I heard his mother died when she tried to set fire to her house after his father and her split. Anyone know this is a fact?

Might explain why he was so freaked out about someone talking to his GF.

Anonymous said...

Thanks for clarification,8:10. I was confused because your post said "Since Mr Gay does meet ALL these criteria..." I agree with your general assessment that Mr. Gay is an effing tool. Prayers for the families involved so unnecessarily.

Anonymous said...

There's clueless Monroe, clueless Medlock, and clueless
Gallant. At the scene of the mentally ill guy that Was shot at and tasered.

And Monroe, as usual, running off at the mouth and giving interviews on tv before the investigation has even really begun in Central Division.

He has got to be the most inarticulate public speaker I have ever seen. And is there no protocol or directive for NOT making a statement like rodney did to the press on a new investigation? He is quick with that unproven and uninvestigated info, but you can't get any info on crime stats from him.

Word is there is a Division Commander out there who is blatantly cheating, again, to keep his numbers down.
Name coming soon. ( And no one under him questioning or refusing to do his dirty work!)

So many have completely lost any sense of honor or integrity.

Idiots, all of them.

Anonymous said...

nobody has done anything about the other division commander who cheater her way into a special commemorative pin for low crime stats. it's not necessary to say allegedly when there's proof of crimes that were not reported, so...

but please do bring out this name, and we'll keep trying to get the crime stats for the past four years that monroe is using our attorneys to block.

Anonymous said...

I haven't seen any mention of it here but the initial reports indicated that after the murder, the bar stayed open and the band played on. Has this been verified? If true, it reflects poorly on the bar owners/management.

Anon 11:27 - I guess Metro division. They've been cooking the books for sometime.

Anonymous said...

Anon 11:27
My guess would be Hickory Grove.

Anonymous said...

How did this go from comments about the incident at Ed's Tavern to com-stat and Chief Monroe at the scene of yesterday's shooting?? (11:27 and after). Cooking the books in Metro? That's a joke.Of the District Captains, Mike Harris is by far in the top 1 or 2.

Anonymous said...

The Bar stayed open and the Band kept playing. The owner is trying to do a pathetic job of damage control including closing on Sunday and trying to say he "Didn't have his wits about him to close".

Yea right, the bar was packed and he wanted to make that $$$$

Anonymous said...

hickory grove under new management?

Anonymous said...

This isn't actually a "good pulling together" of facts and, I believe people should respect the fact that you are innocent in this country until proven guilty.

For it to be "murder" he must have had the "specific intent" to kill. For it to be 1st degree murder in NC, he must have premeditated and deliberated. For it to be second degree murder it is intent to kill without premeditation or deliberation. For voluntary manslaughter, which I think is the appropriate charge as a lawyer, it requires intent to kill, or awareness with a substantial certainty that death will occur, BUT it also requires that the person was in the heat of passion with inadequate time to "cool down." It remains to be seen if the circumstances satisfy the "heat of passion"/ provocation requirement, but it is a realistic possibility that the jury will find that it is satisfied.

I also know of Kenan through lifelong friends of his. He may have been foolish and rash and used poor judgement. However I do not think that he meant for this man to die or be hit by a car. (The road also doesn't look to be a particularly busy one.) He has committed at the minimum involuntary manslaughter and will do time for it; but, to presume to know a man's heart when you have such pathetically limited facts is a poor reflection on one's maturity, intelligence, and character.

Anonymous said...

no matter what happened, it's a good time to remember the "one punch can kill" reality.

In bars (often) all across America, people get into fights and can throw just one punch, or even shove someone into something, and the hit on the head can be deadly.

Then at least two primary lives and all their families' lives are ruined, usually over some drunken, hazy, b.s. argument that was nothing.

KEEP YOUR HANDS OFF OTHER PEOPLE. ALWAYS.

tragic.

and definitely don't shove them in to a lane of traffic.

Anonymous said...

Looks like Gay is going to get live up to his name pretty quick.

Cedar Posts said...

Well Done 2:20.

I'm sure Kenan Gay didn't plan to kill Bobby Kingston, so the 1st degree murder charge is there just to let him know the Meck DA is looking to send a message that he's tough of crime even for white boys with education and a future.

Speaking of future, Gay's as a lawyer ended the second he touched Kingston and it went down hill fast every step he took towards the road.

Anonymous said...

Anon 8:54

Sure.....please, they are most all cooking the books now, just some a lot worse than others.

And some just don't address it, at all.

diannevw said...
This comment has been removed by the author.
Anonymous said...

Anonymous 9:12pm : it is amazing that you would post such garbage about Kenan's Mother. His parents have been married for over 25 years and she is a loving, kind woman. This was a terrible, horrific event and both families are hurting enough as it is. Your conjecture about Kenan's Mother is disgusting and pitiful.

Anonymous said...

A life has been lost here, and not only does Robert Kingstons Family have to live with this, but Kenan does also. Unless you know Kenan Gay on a personal level, you have no way of knowing his past, or his character. I myself am friends with Kenan Gay, and I think nobody should jump to conclusions including myself about what happened that night because NOBODY knows except for the witnesses and people that were there. Kenan Gay is a good person, he may have made a terrible and irrational decision and unforunately it led to a person losing their life. Robert Kingstons Family, and Kenan Gays family are in my prayers. I hope that people can respect both families and not jump to conclusions or believe the media in any way. BTW Kenan Gays mother is still alive, she is a great woman, and mother.

Anonymous said...

Anon 12:16

Oh yeah.....brand "new" management.

And the things I have heard are far from good.

Anonymous said...

Dear Anon 1:09 am, Kenan's Mom forgot to teach him the golden rule- keep your hands to yourself. Gay will learn the "hard" way that if you do the crime, you do the time. Thanksfully for Gay this event happened in Charlotte, where murders are commonplace and treated merely as property crimes. Can't wait to hear his case, especially when his girlfriend is put on the stand, and the self-defense theory his lawyer put out is laid to pasture.
The civil suit to follow will ceratin be as entertaining as the criminal case.

Anonymous said...

How can you say you don't think he meant to kill him? How about just fighting him when you get outside or even inside for that matter. What do you think will happen when you throw someone in a roadway? This jackass should get more than manslaughter but because of the great state of mecklenburg he will do little time. A persons life in this county means nothing so it won't be a surprise when he gets his sentence. I guess I don't understand why the guy didn't fight back, not saying it is his fault at all but why would you just let a guy do that to you or at what point do you say enough. It sounds like Gay was trying to show out for this girl and letting her know what a tough guy he was, real tough running like a coward.

Anonymous said...

How can the bar owner state to the press that Kingston was smiling on the march to his execution. Gay certainly wasn't smiling as he yanked Kingston out the front door. I think the owner knows he is in trouble for serving Gay, and probably both men, too much booze. Which would make him indirectly responsible, and the likely target of a very nasty little lawsuit. And then he lets the band play on and continues serving alcohol to an already excited crowd--this has got to be one of the worst business decisions on record and demonstrates a complete lack of compassion.

Anonymous said...

I am a good friend of Kenan Gay. I think you need to take another look at this freak accident. Video shows a complete different story. Cole is the owner of the bar an is only tying to save his business because the he has already had some issues with the surrounding area. and whoever said Kenan hit their daughter with a blender is full of it. Also, so what if he never played a game for the UNC? He was a walk-on and pretty sure none of the people commenting could do that.

Anonymous said...

This was certainly no freak accident, unless you consider Gay the violent freak that caused the accident. Gay threw Kingston into the road and directly caused his death. Gay ran at least 30 feet towards the street, with Kingston in his grip, and hurled him into the path of an oncoming car. I don't give a sh&* how many rationales and excuses his buddies come up with - he is a murdering scum bag and deserves a stint in prison.

Anonymous said...

I knew Bobby and he was a fun, outgoing guy. He wouldn't have hurt a fly. This incident is a tragedy. There is one thing I must say to clear one aspect up - Bobby was not engaged. He had broken off the engagement a few weeks before this incident occurred. He wasn't out to "cheat on his fiance," as some of the Gay supporters suggest. Get your facts straight. Gay ran like a coward, that is a fact.

Cedar Posts said...

12:00 - Thanks for the comment.

I had heard much the same. I kept the photo as it is since I also heard she is still pretty heart broken about his death.

The trail is on the calendar for March 21, the charge is not 2nd degree murder.

Anonymous said...

So, I now see a court date of May - any idea if this is when the trial will begin?

Anonymous said...

Looks like Liz Wicker and Kenan Gay are getting married May 25th - timing seems odd, doesn't it?

http://lizandkenantietheknot.com/view/login.aspx?uid=9016815173300309&pId=30549941

Anonymous said...

Seeing as how Ed's could be sued (and are being sued) for negligence in a wrongful death action, the owner had every reason to side with the victim and deflect any blame or fault.

Anonymous said...

This Sanford trash needs to understand in the big city we have rules......what a life....bust your butt thru school...law school....and now the rest of your life you are faced with this??

I WONDER WHAT ELSE HAS HAS HAPPENED WITH THIS SLEAZY FAMILY....first mom issues...now death....I sprinkle in sex issues......pick your friends wisely......who would want this ilk at the dinner table.......enjoy jail and the rest of your worthless life Mr. Gay

Anonymous said...

Gay and/or his girlfriend could have gotten the bouncer to handle Kingston. They could have called 911 to have the police take care of Kingston. They could have moved to another area of the bar to get away from Kingston. They could have left the bar all together. Liz Wicker could have defended her own honor by slapping Kingston. None of these actions were taken by Gay or the supposed "victim", Ms. Wicker. Why not? Then Gay ran from the scene of the death. Why? What about that girlfriend he was "protecting"? He left her in his dust while he ran like a coward. And what is wrong with Ms. Wicker? Any woman with an ounce of self-respect would have jack slapped Kingston if he was truly harassing her as she claims. Or at least gotten the bouncer to do it. Ms. Wickers lack of action actually implies that she liked the attention from Kingston. She didn't do anything to stop it. Gay's actions indicate he is a self-entitled sociopath. His defense team has an uphill battle on this as I think the jurors will be able to see right through Gay's BS defense like clear glass. Booze did not kill Kingston. The force of Gay's hands shoving Kingston into the street in front of an oncoming car did. Jurors, please convict Gay. He's totally responsible for Kingston's death and Gay needs to do the time, for his own good!!

Anonymous said...

Robert Kingston died, and Kenan Gay apparently played a role in hastening his death. But did Gay do it with malicious intent. My gut tells me no, that Kingston's death was an unintended consequence of Gay's thoughtless reaction to an all-too-common occurrence in bars where people have had too much to drink. The saddest part about all of this is that the bar owner could have prevented it. He claims in testimony to have been positioned at the front door, along with his bouncer. He saw Kenan Gay grab and push Robert Kingston out of the bar by the collar of Kingston's shirt. Cole, the bar owner claimed to interpret this action as good natured playful behavior--really, in a bar, where tempers can become hostile within seconds because of alcohol consumption? This sort of activity should immediately be responded to. Further, if you are working security in a bar, should it not be part of your observational behavior to note who is with what group? Cole even claims to have seen Gay's face change to an expression of anger, even though Kingston was smiling. In a television newscast, Cole states to a television reporter that he realized "they were going to fight." From fun to fighting to death, all within one minute. This bar owner apparently has no grasp on understanding the behavior of intoxicated patrons. Was Cole also drinking? Did someone draw his blood? Did Cole have no problem with Kingston's aggressive approach to females. My girlfriend worked at Ed's and she told me that Cole had a reputation for chasing the ladies, and that he had made advances toward her. If this is Cole's behavior, then he would obviously see nothing wrong with Kingston's boorish behavior toward women. Cole also has a reputation for running afoul of residents living near his bar--rowdy drunks, fighting, trash, loud music. He pushed to block a City ordinance that would require music be turned down at midnight. It wasn't his concern that residents who were in the neighborhood first failed to get quality sleep so long as he was making his money. Cole also opened and immediately shut a second bar he opened when he had conflict with the District Council Member. I do not excuse what Kenan Gay did that evening two years ago; but I can't help thinking that if a more responsible owner operated Ed's Tavern, this tragic accident would not have happened. Cole is not a responsible business owner. Just ask the people who continued to drink, party, and listen to the band at Ed's Tavern while Robert Kingston lay dead in the street just feet away. It is the owner of Ed's who should really be on trial; and based on the recent civil filing for wrongful death, he will apparently have his day in court.

Anonymous said...

People need to stop saying it's the bar owners fault. Guess what? IT"S A BAR!! People drink at bars. If not for the hands (and rage) of Kenan Gay, Mr. Kingston would be alive. Several unbiased eye witnesses testified to that FACT. Kenan Gay's actions became premeditated the moment he walked towards Kingston (who was peacefully leaving the bar voluntarily)and started shoving him to the door, then Gay ran like OJ Simpson after Kingston was hit by the car. The character witnesses claiming Gay was a sweet friendly blonde haired little boy who was in love prove NOTHING!! And the fact that Gay and Kingston may have had to much to drink means NOTHING! They were in a bar. NEWSFLASH....people drink in a bar! Gay fully intended to push Kingston into the street and he did. There are cars traveling in the street and Gay knew that's where he was taking Kingston. When it actually happened with Kingston being hit by the car, Gay ran because he now had a slew of eye witnesses who just saw him commit an act of murder. Gay knew it, the crowd knew it and Gay was afraid of what they'd do to him so he ran....all the while forgetting about the supposed helpless fawn, Ms. Wicker, that he now claims to have been protecting. I hope the jurors are able to see this and hand down a conviction of 2nd degree murder. Mr. Gay more than deserves it...he earned it.

Anonymous said...

I certainly don't think Kingston's death was the result of a premeditated act. It doesn't even come close to the definition of premeditation. Even if Gay was angry, which he says he wasn't, I doubt he ever intended the outcome. He probably intended to show off to his buddies more than actually defend Ms. Wicker; after all, they kept telling him that Kingston was hitting on her. He eventually had to do something. Is it accurate that the bar owner was standing at the door as Gay dragged Kingston past him on the way outside? Wow! The bar owner and the bouncer let that happen? Yes, it is a bar, and people drink in bars. But alcohol also leads to bad behavior and we all know that. The bar owner, even if he did not over serve, certainly had a responsibility to maintain safety within his establishment; and in that he apparently failed. In a criminal case, it is correct that he is not at fault. But in a civil lawsuit for wrongful death, well, that's another matter. In the criminal case, I say the jury will decide on involuntary manslaughter or deadlock. In the civil case, I say the jury will hit the bar owner hard in awards to the Kingston family.

Anonymous said...

What you have to understand is how fast all this happened. Six seconds is the time from when Gay either started toward Kingston or grabbed him (not sure which) to when Kingston was struck. Gay and Kingston were BIG guys moving FAST in a straight line. Even if Cole or any staff member at the door had had the split-second presence of mind to stop Gay, they most likely could not. And I think it is presumptuous to assume that Cole or any of his staff were aware -- in a crowded, busy, noisy bar -- of the interactions between Kingston and Liz, nor would we expect Cole/staff to be aware of the buildup of tension and anger (in Gay's mind) toward Kingston, unless bystanders informed them of it.

The short time span also indicates, to me, that Gay likely had his hands on Kingston, under his control, right up to (or even into) the bike lane before hurling/throwing him into the traffic lane. This doesn't prove Gay meant for Kingston to be harmed, but it does change the scenario from one in which Gay was not in complete control of Kingston but rather angrily pushing him one or more times in the direction of the street to rough him up and scare him. The former leans toward murder, the latter leans toward manslaughter. Gay claims he gently released Kingston about halfway to the street, which is not substantiated by anyone else nor by the applicable physics of the situation.

I think the verdict just came in, so I'm going to go find out whether my prediction of guilt is accurate.

Anonymous said...

I think folks that jumped to conclusions about this case should think about their actions in posting such vitriol. Cause and effect people. You get irresponsibly drunk and act offensive, even borderline assault a young woman in a bar and nothing but bad things can happen. I wish Kingston could have learned his lesson without losing his life. He didn't deserve to die.

Gay also learned a lesson. Think before you react. Yes, he and Wicker could have asked the management for help - and who knows if they would have gotten it. They could have left or gone to another place in the bar.

Ultimately Kingston was the one acting and Gay was reacting. At the end of the day, yes it was an accident. Both were to blame, both have lost dearly as a result.

I think the jury had a very tough decision. Gay wasn't guilty of Murder 2, but they had to strongly consider his actions that resulted in death. Given all the factors with the close proximity to the street, I think they came to the right conclusion.

Gay and his family will be haunted by this event for the rest of their lives and I don't think they are celebrating now.

I hope for the best for all parties involved.

Please post responsibly.

Anonymous said...

What is wrong with these prosecutors?? They couldn't even get an involuntary manslaughter conviction? Based on the witnesses, I'd say Gay was definitely guilty of involuntary manslaughter. The not guilty verdict doesn't mean Gay is not guilty, just means the prosecutors did not do a good job. The make up of the jury did not help the prosecution either. When I heard the women outnumbered the men, I knew the prosecution would have to work even harder to try to get the women jurors to focus on the evidence and not Gay's pretty blonde hair. Apparently that failed. The demon of violent, bad behavior will get Gay in trouble again and next time he may not be so lucky. Just wait. OJ Simpson proved that.

Anonymous said...

What is wrong with these prosecutors?? They couldn't even get an involuntary manslaughter conviction? Based on the witnesses, I'd say Gay was definitely guilty of involuntary manslaughter. The not guilty verdict doesn't mean Gay is not guilty, just means the prosecutors did not do a good job. The make up of the jury did not help the prosecution either. When I heard the women outnumbered the men, I knew the prosecution would have to work even harder to try to get the women jurors to focus on the evidence and not Gay's pretty blonde hair. Apparently that failed. The demon of violent, bad behavior will get Gay in trouble again and next time he may not be so lucky. Just wait. OJ Simpson proved that.

Anonymous said...

The verdict is in and the jury's decision stands, right or wrong. The following days are likely to show that the jury simply sympathized with Gay, believing he did not intend to harm Gay. Does this mean they did not believe the witnesses who testified Gay tossed Kingston into the street? Perhaps; but more likely they felt that if Gay was moving Kingston between two parked cars, no witness had a clear view of what actually happened. With Kingston's level of intoxication, it is possible that after Gay released Kingston with a push between cars, momentum carried Kingston into the street where he was struck by a car. I do think the verdict does not bode well for the bar owner. The Kingston family will now look at the security within the bar to find fault and monetary remuneration. I followed the trial, and the bar owner claimed he and his bouncer were at the front door. The bar owner saw that Gay had Kingston by the neck and was pushing him toward the very door the bar owner and his bouncer stood at. The bar owner even described the look on Gay's face, and stated his belief that they were going to fight. He apparently followed them outside; otherwise, how else could he say he saw Gay toss Kingston into the street. So yes, it does appear that no matter how fast it all happened, the bar owner saw it brewing and allowed it all to slip past him to the outdoors. I guess, in the end, the owner of a bar does want his clients to take the fight outside. But in this case, taking it outside resulted in death.

Anonymous said...

Kenan Gay is tall and lanky, but he is hardly intimidating. Robert Kingston did have some weight behind him, but he was obviously not in a fighting mood, since he was apparently smiling (according to Cole) and letting Gay toss him out of the bar. You say Cole and the bouncer probably couldn't stop them because Gay and Kingston were big. Aren't most bouncers hired because they have some strength behind them? And Cole said in court he is a Deputy Sheriff in South Carolina. Shouldn't a trained Deputy Sheriff be able to throw a choke hold on Gay to stop him? And certainly the bouncer should have been able to assist. When you are looking right at these guys, even if it all happens in just six seconds, a Deputy Sheriff and bouncer should be trained to react, and quickly.

Anonymous said...

What is wrong with these prosecutors?? They couldn't even get an involuntary manslaughter conviction?

I'm the Anonymous who posted before you starting with "What you have to understand is how fast all this happened." I liked your post, and mostly agree with it. At the risk of being a sexist male, it IS easy to see (certainly in retrospect) how the females (and even the males) could feel sorry for the handsome, clean-cut, well-educated "hero" -- sitting quietly and passively throughout the trial -- who couldn't possibly have been so evil as to kill someone in a drunken rage.

There could be no doubt in any fair-minded person that Robb Kingston would be alive today if Kenan Gay hadn't forced him out of the bar and down to the street. That is all it comes down to. No Kenan, no dead Kingston. Pure cause and effect. But we are all susceptible to confirmation bias and selective cognition. If you want to believe someone is innocent, you will believe it.

Go easy on the prosecution. I was there for closing arguments. The male prosecutor did an excellent job. In retrospect, I wish he had shown more outrage over Kenan's behavior, played on the vulnerability and defenselessness of a drunk, surprised Kingston, played up sympathy for the victim's family, and made crystal clear that Kingston's death was NO accident. However, he did cover all the bases, including audio/video of the eyewitnesses.

You're right about Gay's demons. How can we trust that he won't play the hero again and seriously injure (if not kill) someone else? I know nothing about Kingston's family, but today grievous insult was added to unforgivable injury. No amount of money will heal their loss, but it would be a start.

Anonymous said...

I live in Dilworth, and we have had lots of problems with Ed's Tavern. Yeah, many of them are typical to bars: loud music until early hours, drunks, trash, fights, loitering. But Ed's is just a bad neighbor. We tried to get an ordinance that would stop the music at midnight, but Cole and his bar owner buddies blocked it. Cole even tried to open an Ed's Tavern in an old house/former restaurant in another neighborhood and he apparently accused the District Council Member of harassment because she responded to neighborhood complaints about disturbances from the bar. That second Ed's Tavern shut down after about one month. This guy is just a bad businessman. And what happened to Gay and Kingston is one more mark in his inglorious ownership of Ed's.

Anonymous said...

"No amount of money will heal their loss, but it would be a start."

I just wrote that, and I want to explain that I meant money from Gay, not the bar. Gay KNOWS he's responsible for Robb's death. He's extremely lucky to have confused and deceived the jury. IF he indeed has genuine remorse, and even a modicum of honor, he shouldn't wait to be sued; he should reach out to the family and ask what he can do to ease their pain (besides go to prison).

Also, IF he has any honor, Gay should make a statement that he doesn't blame the bar for any negligence. It's not the bar's job to guess that someone will fly into a sudden rage over some perceived insult. Nor is it fair to presume that the bar staff can and will prevent any patron from hurting another patron.

Stewart Morgan said...
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