Judge denies request to drop Preston Oates' manslaughter charges
BLUFFTON, SC (WTOC) -
Preston Oates, the man accused in the shooting death of
Carlos Olivera, Christmas Eve 2010, is not immune to trial. Fourteenth
Circuit Solicitor Duffie Stone tells WTOC that a judge out of Moncks Corner,
Judge Markley Dennis, denied the motion to drop the manslaughter charge.
Last Fall, Preston Oates' defense wanted to use
the Castle Doctrine law. South Carolina adopted the law in the last two
years, which justifies deadly force if it's in self defense of life.
Solicitor Stone says Oates shot Olivera,
while Olivera had his back turned and was walking away, and that does not count
as self defense.
Oates' attorney can appeal the decision to
the SC Court of Appeals.