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Attorney in Texas dragging case points to trucker

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[May 16, 2009]  DALLAS (AP) -- The attorney for a man accused of killing a black man by running him over said Friday that a gravel truck driver may have been responsible.

HardwareBen Massar, the defense attorney for Shannon Finley in the racially charged case, said the trucker has provided a sworn videotaped statement acknowledging that he might have accidentally run down 24-year-old Brandon McClelland in September.

The driver said he was on the same road around the time of McClelland's death and that "he felt something that moved the back of the trailer, that it felt like a blowout," Massar said.

Witnesses who came across McClelland's body on Sept. 16 have said they passed a gravel truck driving in the opposite direction.

The driver's attorney, Mike Mosher, said he was working on an agreement to grant his client immunity so the man could be interviewed by prosecutors. Massar declined to identify the driver or allow The Associated Press to view the statement.

Special prosecutor Toby Shook did not immediately return a message left Friday.

Finley and Charles Crostley are accused in the death of McClelland, whose mangled body was found on a country road near the East Texas town of Paris.

Authorities said McClelland died after he and the suspects went on a late-night beer run across the Oklahoma line. They argued on the way back about whether Finley was too drunk to drive, and McClelland got out of the car to walk home. Authorities allege that Finley then ran down McClelland, whose body was caught under the truck and dragged about 70 feet.

Massar has said the lack of physical evidence and eyewitnesses indicates the prosecution's "weak case." Repeated forensic testing on Finley's truck has revealed no biological evidence, although Shook has said the suspects washed the vehicle before testing.

[Associated Press; By JEFF CARLTON]

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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