Charleston Police announced a new arrest in a fatal King Street altercation, one day after dropping a felony charge of first degree assault and battery against the man initially charged.
Police say Dalton Ellis Clark, 24, of Mount Pleasant is charged with involuntary manslaughter. He was being held in the Al Cannon Detention Center pending a bond hearing scheduled for Wednesday afternoon.
Peter John Dudinyak, Jr., 26, of Mount Pleasant, was initially charged with first degree assault and battery in the incident, but that charged was dismissed by the 9th Circuit Solicitor's Office Monday.
The new charge stemmed from a fight that broke out on Upper King Street on April 26. In that incident, a verbal altercation started between two groups of men shortly before 2 a.m., police say. Witnesses told police that 27-year-old Clint Seymour was "sucker punched," and fell to the ground, hitting his head on the pavement. He was in a coma for two days before dying of his injuries on Monday, April 28.
Police say Dudinyak was arrested after a witness was able to flag down an officer and point towards the direction he was running. The felony first degree assault and battery charge was dismissed at 4:00 p.m. Monday and Dudinyak was released from jail Monday night, according to his attorney, Stephen Harris.
Harris said the charge was dropped based on additional evidence including surveillance video and other statements given by witnesses.
"He told me from the start, he said, 'I was there. I know what happened. I didn't hit anybody. I was trying to actually break up the fight,'" Harris said. "I think the video solidifies. The video is something that just shows he's right there, he's standing there. We don't see him throwing punches."
An assault charge is still pending against Dudinyak, but the charge is unrelated to Seymour, Harris said.
Charleston police spokesperson Charles Francis said the investigation is ongoing.