When the prosecutor rested Thursday after calling just three witnesses, Willis tried unsuccessfully to get the hate crime allegation against Crone dismissed.

While conceding those in Crone's group had been "rude, crude and unacceptable," their conduct "didn't come anywhere near" the legal definition of a hate crime, Willis argued.

In his opening remarks to the jury, Willis said a witness for the defense is expected to testify she had warned the victim's group there were some "rowdy tubers" who were probably drunk and trying to incite a fight on the creek that day.

The witness quoted Moore, the lone black woman, as responding: "If they want to start some (expletive), let's go back and kick some (expletive)."

Though the witness is pivotal to his case, so far she has not responded to a court subpoena to testify, said Crone's attorney outside the jury's presence.

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