At Pond View Apartments in Gloucester, Hayes made the decision to take their 3-year-old daughter home with him for the night.
As the child’s mother handed Hayes a diaper bag, Linscott showed up looking for a fight, Hnat said.
Hnat said that Hayes pulled away as Linscott was reaching into the car. She said her client feared that Linscott was pinned under the car, so he backed up, not realizing he was backing over the younger man.
Hnat called it simply “a terrible accident.”
Hnat also said Hayes is not a flight risk, pointing to his willingness to speak to police, his decision to remain in the area for months before the charges were filed and the fact that as soon as he learned that police had obtained a warrant, he turned himself in.
She suggested reducing Hayes’ bail to $5,000, an amount his sister can afford to post.
After reviewing the criminal records of both men, Lu agreed to reduce the bail to $10,000.
It was not immediately clear whether Hayes or his family will be able to come up with that amount.
Hayes is due back in Gloucester District Court for a pretrial hearing on Jan. 17, but a prosecutor said last week that the case is being reviewed by a superior court prosecutor, meaning Hayes could face indictment.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at firstname.lastname@example.org or on Twitter @SNJulieManganis.