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  Pastirik's attorney, Joseph McCarthy, said his client had largely stopped drinking hours earlier and spent much of the night helping a friend who was a Marine safely get home. He said it was dark in the early morning hours of Oct. 18, 2008, when Pastirik hit the man, who was wearing dark clothing and had dark skin. And he said Pastirik swerved the best he could but an oncoming car prevented him from going farther.