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.