A New York City tow truck driver accused in an attack that left a 61-year-old man dead during a parking dispute over the weekend was released without bail Monday, according to local reports.
Kevon Johnson, 30, was arraigned Monday on an assault charge after police say he punched Carlyle Thomas in the face at a gas station in Brooklyn on Saturday night.
While Thomas’ death was classified as a homicide, a law enforcement source told the New York Post that Johnson faces a low-level charge because, in the case of a so-called "one-punch" homicide, the law only allows for charges relating to the punch since there is not a way to prove intent to cause death or other serious injury.
Meanwhile, Johnson was released without bail because the statewide bail reforms in 2020 made the misdemeanor charge ineligible for bail, the source said.
Thomas’ family told local news outlets that the confrontation started over a parking dispute at the Brooklyn gas station, where they say he normally helps the owner.
The gas station allowed neighbors to park their cars in the lot for a $10 fee, which Thomas failed to pay on Saturday night, an employee told WCBS-TV. When a tow truck was called to move Thomas’ car, a worker called Thomas to let him know.
Thomas quickly arrived at the gas station and got into an argument with the tow truck driver.
Surveillance footage obtained by WABC-TV shows Thomas trying to stop the tow truck by opening the driver-side door. When he turned around, the tow truck driver hit him with one punch that police say knocked Thomas to the ground, where he hit his head.
Since deaths associated with so-called "one-punch" homicides are not often prosecuted with murder or manslaughter charges, prosecutors instead must weigh the intent of the attacker and demeanor of the victim, the New York Daily News reported.
Thomas was a horse racing jockey in Jamaica and later worked with horses at the Aqueduct Race Track, the outlets reported.
Thomas had a history of seven arrests, including three for felonies, while Johnson has no prior criminal history, the Daily News reported, citing police.
Johnson's next court date is scheduled for April 25, according to online records.
