BEAUFORT, S.C. -- A Bluffton tow-truck driver charged with manslaughter is expected to go to trial this fall after an appeals court ruled he is not immune from prosecution.

The Island Packet of Hilton Head reports Preston Oates is charged in the killing of 34-year-old Carlos Olivera on Christmas Eve 2010. The shooting occurred during a dispute as Oates tried to put a boot on Olivera’s van.

Oates said he should not be prosecuted under the state’s castle doctrine giving people immunity if a judge rules they killed someone while defending themselves from intruders in their homes, workplace or vehicle.

A judge ruled earlier Oates was not immune and Oates appealed. That appeal was denied last week by the state Court of Appeals.

Oates is expected to go to trial in October.

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Information from: The Island Packet, http://www.islandpacket.com