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  CHARLESTON, SC - A Mt. Pleasant man has been arrested and charged with killing a man in last month's fatal "sucker" punch attack in downtown Charleston.

A spokesperson for the Charleston police said 24-year-old Dalton Ellis Clarke was arrested and charged with involuntary manslaughter Tuesday afternoon.

This comes as prosecutors dropped the felony assault and battery charge against the first man accused of the attack.

According to attorney Stephen Harris, the felony charge was dropped against 26-year-old Peter Dudinyak Monday afternoon.  Harris said witness interviews and surveillance footage proved his client innocent.

"Evidence points the finger at someone else who threw the punch," Harris said.

On April 26, Charleston police said two groups were walking near the intersection of Morris and King Streets when someone made a joke that led to a fist fight. Harris said that joke was about a girl who was allegedly drunk.

" A girl was intoxicated and the party Semour was with made a comment that girl and maybe that comment got people riled up," he said.

Police said 27-year-old Clinton Seymour was "sucker" punched and fell to the ground.  Seymour slipped into a coma for two days before he eventually died because of his injuries.  Dudinyak was listed in the police report as the person who threw the punch, but police now say Clarke is the one who through the deadly hit.

Dudinyak was released from jail Monday afternoon after having been in custody since April 26. He was facing a $250,000 bond on the felony charge.

Even though Dudinyak was wrongly arrested and charged, Harris said he understands why an arrest was made so quickly.

"There were witnessess who pointed the finger at my client," Harris said. "That's why it's hard to say an arrest was made too quickly or wrongly or something like that."

Harris said his client still faces a simple assault charge in regards to the incident, but said his client will be proven innocent.

Clarke, the new suspect in this case, will face a bond court judge Wednesday at 2 p.m.

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