Witness: McKnight did not pose threat to shooter

— -- A witness to the December shooting death of Joe McKnight says the former New York Jets running back did not appear to be acting aggressively toward his assailant, Ronald Gasser, just before he was shot three times outside of his car at an intersection near New Orleans after an extended road-rage confrontation.?

Andrew Bailey, 26, told Outside the Lines this week that McKnight, who was standing in the small space between his Audi SUV and the passenger window of Gasser's Infiniti Sedan, was "talking with his hands" and appeared to be having a "general conversation." Bailey -- who was waiting to turn on the other side of the Terrytown, Louisiana, intersection -- said the 28-year-old former Southern California star was not trying to force his way into Gasser's car. "He never moved closer to the vehicle."

When police arrived, Gasser, 54, immediately admitted that he shot McKnight, who was unarmed, from inside his vehicle.?After being taken into custody, police freed Gasser, who is white, within hours, sparking backlash in the community and accusations of preferential racial treatment. Four days later, Gasser was booked into jail; police at that point said they did so after conducting more than 160 interviews and questioning the suspect for more than 12 hours.

The District Attorney has 60 days following an arrest to?file formal charges. Though Friday marks 60 days since Dec. 5, a representative for the office declined to comment or to provide information on the timing of any announcement related to charges. Gasser could be indicted on a second-degree murder charge, which isn't premeditated, or the lesser charge of manslaughter.

McKnight's actions before his death -- and whether or not they posed a credible threat to his shooter -- will likely factor into any indictment filed against Gasser, who is being held on a count of manslaughter but has yet to be formally charged.

In a news conference after Gasser's arrest, Jefferson Parish Sheriff Newell Normand criticized comments made on social media, declared that the incident wasn't racially motivated, and noted that a witness who claimed Gasser stood over McKnight and shot him was discredited by the coroner's report. "Two people engaged in bad behavior that day," he said. "Why? I don't know."

While the results of the autopsy indicated that Gasser did not shoot McKnight while he was laying on his back, Bailey, along with another witness who spoke to TMZ, said that the shooter did stand over McKnight as he died, gun in hand. "There were people running over to check on Joe ... he was swinging the gun at everybody," said Bailey, who gave his full account to police.?He instructed his girlfriend, who was sitting in the passenger seat, to take a photograph of Gasser standing over McKnight's body. ?

One of the bystanders who rushed to the scene was Wendell Sam, a Navy officer. According to Normand, Sam -- who happens to be a relative of Bailey's -- urged Gasser to put his weapon down, explaining that he "did not want to shoot a military officer," then tried to administer CPR to McKnight after pulling his body from between the cars. A video of the lifesaving attempt was posted online.

Ken Levy, an associate law professor at LSU, said the defendant's attorneys may argue that Gasser's actions were justified under Louisiana's Revised Statute 14:20, which says that a person can use deadly force to thwart someone from unlawfully entering their car. "You have to reasonably believe that they're trying to get in, and they present a threat of serious bodily injury or death," Levy said.

While Louisiana's justifiable homicide statute also has a Stand Your Ground provision, which states that a person is not obligated to retreat in the face of a threat, Levy said the law -- which was notably invoked in the trial of Cardell Hayes, who shot and killed former NFL player Will Smith in New Orleans last year -- may not factor into Gasser's case. "That would be relevant if McKnight had challenged him to a fight, and he had gotten out of the car," he said.

Gasser's lawyer, Gerald Archer, did not respond immediately to a request for comment.

McKnight, one of the most highly touted football recruits in the country when he graduated from John Curtis Christian High School in River Ridge, Louisiana, played for the Jets for three years after enrolling at USC. After a stint with the Kansas City Chiefs in 2014, he last played for the CFL's Saskatchewan Roughriders.

Johanna McKnight, Joe's sister, said the family is anxiously awaiting news of an indictment. "We very much hope for justice," she said.

Mina Kimes is a senior writer for ESPN. She can be reached at? Mina.Kimes@espn.com. Follow her on Twitter at @minakimes.