LEXINGTON, Ky. (AP) -- An ex-Rand Paul volunteer charged with kicking a liberal activist during last year's Senate campaign is asking that his misdemeanor assault charge be tossed out.
Tim Profitt filed a motion last month that says he was justified under a state law that provides for the use of force "in defense of a third person." The motion asks a judge to dismiss a fourth-degree assault charge.
The motion does not say who Profitt was attempting to protect during the scuffle.
Profitt has pleaded not guilty to kicking 23-year-old Lauren Valle during a high-profile scuffle Oct. 25 in a Lexington parking lot outside a U.S. Senate debate between the Republican Paul and the Democrat he would go on to defeat, Jack Conway.
A hearing on the motion has been scheduld for March 21 in Lexington.
Profitt's attorney, Michael Dean of Irvine, did not return a call seeking comment Tuesday.