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CHARLOTTE, N.C. -- A former UNC football player who is on trial for second-degree murder could be given a major break in a Mecklenburg County courtroom Thursday morning.

That s when Judge Forrest Bridges will announce if he will accept a defense motion to reduce the charge.

Kenan Gay is on trial for allegedly tossing Bobby Kingston out into oncoming traffic in front of Ed's Tavern back in March 2012.

Kingston was killed. Defense attorneys argue that Gay did not directly push Kingston into traffic and say the victim was so drunk that he stumbled into the road after the confrontation.

Prosecutors wrapped up their case Wednesday afternoon putting on a number of witnesses including Brittany and Ryan Scott, a married couple who were sitting outside the bar and were eyewitnesses.

Mr. Kingston looked like he was going to regain himself after a push or two, and then a final push sent him into the road. He looked intoxicated, it was pretty quick. He was in the road, the car immediately struck him, said Mr. Scott.

Prosecutors argue that Gay forced Kingston out of the bar and pushed him all the way to the street before he allegedly gave one last fatal push into traffic.

But Scott told jurors he didn't think that Gay intended to kill the victim, or even if he was aware there was a car coming.

He said he looked into Gay's face after the incident, I saw it on his face, I don't believe it was intentional.

Malice or the lack of it could be the determining factor if Judge Bridges decides to drop the murder charge.

Even if that occurs Gay could still be convicted of a form of manslaughter.

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