YORK (AP) — An attorney for a man accused of killing another man after being kicked out of a bar following his racial remarks to a black patron says his client shouldn’t be accused of ethnic intimidation.

The York Daily Record reports that defense attorney George Margetas didn’t contest homicide or reckless endangering charges against 24-year-old James Saylor in a preliminary hearing, but said he shouldn’t face harassment and ethnic intimidation counts.

Saylor is charged in the July 21 death of 25-year-old Chad Merrill outside the Red Rose Restaurant and Lounge in Hellam Township. Police have said witness accounts indicate he may have been trying to make peace.

Saylor was ordered held for trial in York County. Margetas says his client’s intoxication level is “going to play a major role in this case.”