Friday morning, Robert Barber entered a not-guilty plea, and his attorney filed a motion to dismiss the charge of second-degree felony assault

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Former Washington State football player Robert Barber pleaded not guilty to a charge of second-degree felony assault at his arraignment in Whitman County Superior Court Friday morning, and his trial date is set for May 15.

However, Barber, through his attorney Stephen Graham, has also filed a motion for dismissal of the second degree felony assault charge he’s facing after allegedly striking another man and causing a concussion at a party in Pullman last July.

Graham’s filing, which was submitted to Whitman County Superior Court on Friday, asks the court to dismiss the charge against Barber because, according to the filing, there is no medical evidence supporting the claim that Barber caused the victim to suffer a concussion.

The motion to dismiss will likely be heard in April, Graham said in a phone interview Friday afternoon.

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According to Graham’s filing, second-degree assault is defined as when a person “intentionally assaults another and thereby recklessly inflicts substantial bodily harm.”

Graham asserts that in this case, there is “insufficient evidence” to prove that the victim suffered such injury at Barber’s hand.

According to the Pullman police case file from the investigation into the party last July, multiple witnesses said they saw Barber strike the victim twice, and he ended up on the ground, where he lost consciousness for a short period of time.

However, the police case file also shows that many witnesses in the police investigation reported that the victim was very drunk at the time of the incident, and the victim’s medical report from the that night showed a blood alcohol level of 322mg/dL – more than three times the legal driving limit.

Graham’s filing also quotes the victim’s medical report as stating that the victim had no complaints of neck pain, nausea or vomiting, and his head CT came back negative. The hospital report diagnosed the victim with a head wound of about an inch and a half in diameter, “with reported loss of consciousness” and acute alcohol intoxication.

“It’s important to note that the hospital not did diagnose a concussion,” Graham wrote in his filing. “The hospital released (the victim) right away with no recommended follow up.”

Graham’s filing states that there’s no evidence in the victim’s medical records to show that his unconsciousness “was caused by anything other than his excessive drinking as reflected by his .32 blood alcohol level” and says it’s difficult to prove beyond a reasonable doubt that Barber caused the victim’s unconsciousness.

Barber returned to Pullman for his Pro Day last week and will remain there training independently until the NFL Draft, Graham said.