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Kania and He’s Not set for court in January

He’s Not Here is one of the two bars where authorities say Kania consumed alcohol while underage before driving and hitting a car head-on on I-85, killing three people. He’s Not will go before a judge during the week of Jan. 25.

The former UNC student’s case will be continued on Jan. 12. Kania, 20, was indicted in September. Charges included three counts of second-degree murder, one count each of felony serious injury by motor vehicle and one count of driving while impaired, according to police.

“(Kania is) struggling every day with what’s happened here and just struggles with his thoughts about the (victims’) families,” said Roger Smith, Jr., defense attorney for Kania.

Kania’s attorneys, Roger Smith, Jr. and Wade Smith, said they are currently in the process of share and discovery and will continue meeting with Assistant District Attorney Jeff Nieman.

“I don’t think his mom has stopped weeping since this happened,” Wade Smith said. “They realize that this is a long journey, there is a long ways to go and that their son will certainly go to prison.”

The ABC Commission sent He’s Not an offer of compromise in September, which stated the bar should surrender their ABC permits by Nov. 6. Instead of settling with the commission and surrendering its permits, He’s Not will have a hearing in front of Judge Randolph Ward, an administrative law judge.

Agnes Stevens, spokesperson for the ABC Commission, said He’s Not’s permits are still active and the bar can still sell alcohol prior to the trial.

La Residence, the other bar where police say Kania consumed alcohol underage, has agreed to a new offer of compromise with the commission, following the commission’s rejection of a previously proposed settlement. Stevens said she expects the restaurant will be back on the commission’s calendar for Nov. 18.

The new offer of compromise states La Residence will have their ABC permits suspended for 50 days, beginning on Dec. 18, but the last 36 days of suspension could be avoided if the restaurant pays a $5,000 fine by Dec. 11, Stevens said.

“The offer is not final until it is ratified by the commission,” she said.

For Kania, when asked if an agreement would be made in lieu of a trial, Roger Smith said it is too early in the process to know.

“There is nothing but sadness in this,” Wade Smith said. “The hope will be that out of this horrible thing perhaps he can, at some point, have a chance to live a life, and maybe live it so that these victims would at least be honored by the things that he does.”

“There are no winners. There will be no winners.”

@erin_kolstad

@janelittle26

city@dailytarheel.com

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