Cole said less than a second later, Kingston was hit and killed by a passing car.
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.