A pretrial conference for Tim Profitt, a former Rand Paul supporter accused of stomping on a liberal activist, was postponed Tuesday after his attorney filed a motion to dismiss the case.
The motion says Profitt was justified in the use of force when subduing Lauren Valle, a MoveOn.org activist who rushed toward Paul outside a debate to present him with a mock award.
According to Kentucky Revised Statutes, "a person is justified in the use of force in defense of a third person," the motion says.
Video showed Profitt and another person grapple with Valle as she tried to make her way toward Paul. While the other man was holding Valle down, Profitt stepped on her neck and shoulders.
Profitt is charged with fourth-degree assault, a misdemeanor.
A hearing on the motion to dismiss is scheduled March 21.