By Mandy Oakham
A man has now been charged with the involuntary manslaughter of former Ocean Grove man Matthew Bate in San Fransisco last week.
American prosecutors have decided not to pursue a murder charge against the Californian man accused of the one punch killing of Mr Bate on Friday 2 June.
After reviewing the case, District Attorney spokesman Alex Bastian said David Murillo was charged with three lesser felony counts: involuntary manslaughter; assault; and battery.
Mr Murillo, a 34-year-old from Hesperia, northeast of Los Angeles, has appeared in court where bail was set at $100,000.
Media reports say Mr Murillo, whose family was in court for the appearance, is likely to remain behind bars.
Mr Murillo was initially arrested and booked into San Francisco County Jail for murder after Mr Bate suffered what police described as “severe head trauma” after a one-punch attack and was left unconscious outside the Da Vinci Villa Hotel about 2am local time on Friday.
Mr Bate had been on a holiday with his some mates.
The 33-year-old grew up in Ocean Grove but had been working as an analytical chemist in Darwin.