The district attorney blocked an attempt Thursday to dismiss a murder charge against the Racine man accused of killing a Kenosha teacher.

Martin L. Walker, 20, is charged with alleged felony murder for punching Colin Byars, 24, who hit his head on concrete as a result of the punch and died.

Unlike a traditional homicide charge, in which prosecutors have to show intent or negligence in a death, felony murder is a way for prosecutors to charge someone for the deadly consequences of their behavior, such as a battery.

But defense attorneys Matt Perz and Charles Bennett found strong evidence to suggest the underlying misdemeanor battery alleged in Walker’s case was not enough to support his murder charge and, apparently, not allowed under state law.

Zapf avoided a dismissal Thursday morning when he changed the battery from a misdemeanor to a felony for aggravated battery, which is allowed under the murder guidelines and was used in Kenosha County for a similar punching death at a New Year’s Eve party in 2004.

With the dismissal averted, Zapf moved on to show there is enough evidence to continue the case against Walker.

The preliminary hearing began with testimony from county Medical Examiner Mark Witeck, who concluded Byars likely died from hitting his head, not from being punched.

Witeck found a scrape on Byars’ jaw that suggested he had been punched, Witeck said. But it was the resulting trauma of hitting the concrete and Byars’ brain bouncing against his skull that killed him.

Witeck could not gauge how hard Byars hit the road, but he said it was hard enough to tear his brain and break the delicate bones around his eyes. Brain swelling resulted, and Byars died.

More testimony is expected next week, when the hearing is set to continue.

Witnesses have told police that Byars and Walker had a confrontation in the street Feb. 21 before Walker punched Byars in the face. Byars fell and hit his head.

Witnesses have differed somewhat on who provoked the fight and who threw the first punch. Three witnesses cited in the criminal complaint did agree that both men appeared ready to fight, however.

Court Commissioner Carl Greco rejected a defense argument that Byars’ apparent consent to fight negated the murder charge. Greco did not find consent was necessary to prove felony murder, at least as outlined in the charge against Walker.