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Man Accused Of Fatally Striking Neighbor In Head Going To Trial

PITTSBURGH (KDKA) -- A man accused of fatally striking his neighbor in the head while he was trying to break up a domestic dispute is heading to trial.

James Payne, 58, and Danny Washington, 30, were next door neighbors in the 1200-block of Chestnut Street in Turtle Creek.

During Friday's preliminary hearing, a police officer testified that Payne heard Washington arguing with his girlfriend when he yelled inside their house to stop and told Washington to pick on somebody his own size.

The officer said Washington came outside and punched Payne during a confrontation, knocking him to the ground.

When police showed up, Payne's face was swollen and his eye was partially closed, but he did not go to the hospital.

Twelve hours later, police returned and found Payne unresponsive with more severe swelling. He was taken to the hospital where he died.

Washington was charged with criminal homicide. A county police detective said Washington told him that Payne had made racial slurs and even carried a gun.

"There had been some racial tension between them and that wasn't the first time that Danny had a confrontation with him, and there were a few things said to him and also about his son," said Glenda Anderson, Washington's aunt.

Washington told police he never saw Payne's gun.

His attorney argued the charge did not warrant first- or second-degree murder and asked for involuntary manslaughter.

The defense attorney admitted there were tragic circumstances, but he said it was a simple assault with no intent to kill.

The judge refused and held Washington over for trial on a general homicide charge with no bond.

Meanwhile, Payne's family left the court without commenting.

"I just want to offer my condolences to the Payne family and my sincere heartfelt sympathy from the Washington family and myself," said Charlene McCoy, Washington's aunt.

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