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The Daily Tar Heel

Hit-and-run trial postponed to today

A family emergency has postponed the presentation of evidence and opening statements in the case of North Carolina v. Samara.

Tuesday was the first day Rabah Samara appeared in Orange County Superior Court to face one felony charge of hit-and-run and a misdemeanor charge for hit-and-run in relation to the death of Stephen Gates.

Though Samara appeared, the trial was cut short when District Attorney Carl Fox had to leave to tend to family matters.

Samara was appearing in court in relation to the hit-and-run incident that resulted in Gates' death on Oct. 4, 2003.

Gates was an alumnus of the University and a reporter for the Tar Heel Sports Network.

"I'm just a nervous wreck," said Gates' mother, Pat Gates, who was at the courthouse Tuesday. "The postponement is perfectly understanding under the circumstances."

According to initial reports from the N.C. Highway Patrol, Gates had been near the split in interstates 40 and 85 when his tire ruptured. He was hit by a Cadillac Escalade while he was changing his tire on the side of the road about 2:25 a.m.

The couple in the car behind the Escalade witnessed the accident and watched a man get out of the Escalade and switch places with the driver, reports state. The couple wrote down the Escalade's license plate number and called the police.

Samara and Emily Caveness, a senior at N.C. State University, were arrested in connection with the incident.

Reports state that Samara had a blood alcohol level of .10. The legal limit in North Carolina is .08.

Caveness was the one behind the wheel when Gates was hit, reports state.

But Caveness has made a deal with the district attorney's office and will testify against Samara in court sometime this week, said Duncan McMillan, Samara's attorney.

McMillan revealed few details as to how the defense would present its case.

"Its a tragic situation," he said. "I hope that the best will come out of it for everyone."

The jury was selected Tuesday and court will resume today at 9:30 a.m.

A verdict will likely be given by Friday.

"We're not looking for punishment," Pat Gates said. "We're just looking for responsibility."

Contact the City Editor at citydesk@unc.edu.

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