AUSTIN -- The trial for a man charged in the death of another who allegedly groped his wife at an Austin bar began Tuesday.
Spencer Frank Carlton was previously charged with manslaughter after police said he pushed a man outside of The Dogwood bar on West Sixth Street and West Avenue on March 15, 2016. He died from head injuries days later.
According to our news partners at the Austin American-Statesman, Carlton is now charged with criminal negligent homicide, a state jail felony that includes a maximum punishment of two years.
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Carlton reportedly told police that the man, Jerry Don Summers, was grabbing and groping the breasts of women at the bar.
The report states that surveillance video from the bar showed Summers high-fiving a woman as he left the bar, but did not show him grabbing her breast as Carlton told police his wife said happened. The defense admitted his wife may have exaggerated her interaction with Summers.
According to the Statesman, Carlton's defense said Carlton was not aware his actions would cause harm when he shoved the man. Defense attorneys reportedly said their defendant should be innocent of charges related to Summers' death, believing prosecutors will not be able to meet their burden of proof.
Defense lawyer Rick Flores said Carlton, now 54, was "completely shocked at the result of what happened," according to the Statesman.
The trial is being heard by District Judge David Wahlberg and not a jury.