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Monday trial for WJU student beating death

Updated: Monday, June 2 2014, 05:51 PM EDT

The Florida man charged with the first-degree murder of a Wheeling Jesuit University student was back in court Monday for a pre-trial hearing.

Craig Tyler Peacock, 22, of Clewiston, Fla., is accused of kicking Kevin Figaniak, 21, in the head during a fight on Sept. 1, 2013. According to reports, Peacock, Figaniak and three others were involved in an altercation on Locust Avenue after leaving two separate Woodsdale bars.

The state plans to show a photo of Figaniak-- at a trial scheduled for Monday. Prosecutors also said they hope to call the victim's mother to testify.

Assistant Ohio County prosecutor Shawn Turak said she should be permitted to testify.

"The defense can't eliminate who the decedent is his friends from college will testify the fact is we have to prove existence of a death," said Turak.

Defense attorney Robert McCoid contends his client did not commit first-degree murder

"It utterly unnecessary to have the decedent's mother testify. There's one reason that's being done in our view to engender sympathy for the state's case," said McCoid.

Ohio County Circuit Court Judge James Mazzone is still working to decide whether or not Figaniak's mother will take the stand.

Also introduced Monday, new information concerning one of the men out with Peacock at the time of the beating.

Tyler Johnson will testify, but it was brought up that Johnson got into trouble after the death of Figaniak.

Officials said Johnson paid a citation after hosting an underage drinking party.

Chandler, 24, of Winnfield, La., pleaded guilty to a misdemeanor involuntary manslaughter and has been released from jail.

Peacock remains in the northern regional jail on $1 millionbond.

Jury selection will begin Monday morning and opening arguments are planned for the afternoon

Monday trial for WJU student beating death

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