On Friday, December 1, there was a private party, attended mostly by whites, at the Fair Barn. Five black youths, including 16-year-old Robert Bailey, attempted to enter the party at about 11pm.
The following day, an incident apparently stemming from this fight occured at a local convenience store. A student who had attended the party encountered Bailey and several friends. An argument ensued, after which the white student ran to his pickup truck and produced a pistol-grip shotgun.
On June 26, 2007, the first day of trial for defendant Mychal Bell, Walters suddenly agreed to reduce the charges for Bell to aggravated second-degree battery and conspiracy to commit aggravated second-degree battery. A charge of aggravated battery requires the use of a "deadly weapon". Walters thus argued that the tennis shoes that Bell was wearing and used to kick Barker were deadly weapons, an argument with which the all-white jury agreed.