Former Rand Paul volunteer asks judge to dismiss assault charge

A former Rand Paul volunteer accused of kicking a liberal activist during Kentucky's fall Senate race was back in court Monday.

Tim Profitt has asked a judge to dismiss a misdemeanor assault charge he faces after a scuffle outside a U.S. Senate debate in October.

Profitt argues that he was justified under a state law that allows the use of force "in defense of a third person." Profitt's attorney Michael Dean says Profitt was protecting Paul.

Fayette District Court Judge Kim Wilkie gave attorneys 10 days to submit additional documents. Wilkie says he will make a ruling on the motion to dismiss sometime after that.

News footage showed liberal activist Lauren Valle being pulled down and stepped on by a man after the Oct. 25 debate.

This story was originally published March 21, 2011 at 1:54 PM with the headline "Former Rand Paul volunteer asks judge to dismiss assault charge."