A Brooklyn tow truck driver, accused of fatally attacking a 61-year-old man while impounding his car, was released on Monday due to a legal loophole, prosecutors revealed.

Kevon M. Johnson, 30, reportedly delivered a single punch during an argument over a $10 parking spot at a Brownsville Shell gas station on Saturday.

This punch caused Carlyle Thomas, 61, to fall onto the pavement, where he fatally struck his head, as the New York Post reported.

Legal Loophole Allows Release in Assault Case

At his arraignment on Monday, Johnson was granted supervised release on a charge of third-degree assault.

A law enforcement source explained the dilemma to The Post, stating, "The law allows only for charges relating to the punch. There is no way to prove intent to cause his death or any other serious injury."

This highlights a significant legal loophole in addressing what is referred to as a "one-punch homicide" case.

Additionally, the misdemeanor charge has not been eligible for bail. In fact, statewide bail reforms were implemented in 2020.

Friend Recounts Fatal Incident at Gas Station

A friend of Thomas, speaking to The Post, mentioned that the victim resided next to the station on Clarkson Avenue. He occasionally parked temporarily in the Shell's parking spots.

Around 8:45 p.m. on Saturday evening, someone informed Thomas that the gas station manager had requested a tow truck to impound his car.

"He's a cool guy. Got a young son. Why they do that to him! One punch? Kill him?!" the friend concluded.

Remembering Carlyle Thomas

Carlyle Thomas' family remembered him as a beloved former horse jockey with a tenure at Aqueduct Racetrack in Queens.

His son, daughter, and step-children spoke fondly of him.

His stepdaughters recounted to The Post how Thomas had an understanding with the gas station for parking payments. They asserted that he sometimes settled the fee after retrieving his vehicle. This was  due to his longstanding relationship with the shop.

The stepdaughters expressed their disbelief and sorrow over the circumstances leading to Thomas' untimely death. They emphasized his small stature. Moreover, they questioned the severity of the response over a minor parking fee dispute.

Their testimonies paint a picture of a man who was a pillar in his community. Furthermore, he always looked to lend a hand. His life was tragically cut short over a trivial matter.