On Thursday, a judge issued a ruling that Mark Daniel Lewis, accused of causing the drowning of Kenne McFadden last April, will not face a trial.
Lewis claimed he and McFadden, a trans woman, had kissed on the night she had died. He claimed that she grabbed his butt, and in response, he pushed her into the San Antonio River. He said in a video shown in court that he had not meant to push her in the river. She was heavily intoxicated that night and, according to her family, did not know how to swim.
Lewis was on probation at the time of the incident for failing to register as a sex offender and the prosecution used the manslaughter accusation to try to revoke his probation. The judge, State District Judge Joey Contreras, said that McFadden’s drowning was a “terrible tragedy.” However, he ruled that Lewis’ actions were not criminal and therefore did not violate his probation.
Due to the double jeopardy rule, Lewis now cannot be tried for the manslaughter of McFadden.
In response, the San Antonio Gender Association, the Pride Center for San Antonio, The Transgender Education Network of Texas, and Equality Texas are hosting a protest set for later today.
“Transgender WOC and Black Trans women are being murdered at an alarming pace. When this happens in our city we expect to see justice served,” they said on Facebook. “We demand justice for Kenne! We refuse to go away and will show up to make our voices heard!”