Almost a year and a half after 18-year-old Michael Gatto was killed in an attack by a 20-year-old bartender, attorneys are still hashing out details, with no solid trial date in sight. On Monday, David Wolfe, an attorney from Atlanta who is representing James Grant Spencer, the man charged with aggravated battery and felony murder in Gatto's death, sought to have a Georgia law ruled unconstitutional because it does not apply to his client and therefore could lead to possible sentencing that may be "cruel and unusual." Spencer, now 21 and of an Olympic Boulevard address, is charged with aggravated battery and felony murder in connection with Gatto's death after the Aug. 28 incident at Rude Rudy's bar, which is now closed Spencer allegedly physically attacked Gatto during an incident at the bar, where Spencer worked as a bouncer.