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Alleged Proof Victim Dies

The man who Detroit police say was gunned down by Proof in a nightclub shootout before the rapper was himself killed has died of his injuries.

Keith Bender Jr., a 35-year-old native of Detroit, died early Tuesday, exactly one week after the shooting, at St. John's Hospital and Medical Center, according to Wende Berry, a hospital spokeswoman.

Bender was shot in the head Apr. 11 at C.C.C., an after-hours hot spot along Eight Mile Road, the street immortalized by Eminem's hit semiautobiographical film. He had been in critical condition since the incident and authorities admitted his chances for recovery were slim.

Witnesses told investigators that the dispute began when Proof--Slim Shady's best friend and cofounder of rap collective D12--got into a heated argument with Bender over a pool game and pistol-whipped him.

According to authorities, Proof then shot Bender in the head. The hip-hopster was in turn shot three times in the head and chest by Mario Etheridge, a bouncer at the bar and Bender's 28-year-old cousin. After being taken to a nearby hospital in a private vehicle, Proof was pronounced dead on arrival.

After driving Bender to St. John's, Etheridge called 911 to report the shooting. After conferring with family and friends, he eventually surrendered to police.

Etheridge's attorney, Randall Upshaw, told the Detroit Free Press last week that his client had acted in self-defense to save his cousin and shouldn't be charged with any crime. Michigan law allows citizens to use deadly force in self-defense situations or if the person is trying to protect the life of another.

Prosecutors didn't charge Etheridge directly in Proof's death, but instead slapped him with two felony counts of carrying a concealed weapon and discharging a firearm inside a building. Etheridge pleaded not guilty to the charges during his arraignment on Saturday.

The case is still under investigation, and Wayne County District Attorney Kym Worthy hasn't ruled out bringing the more serious murder charge.

As it stands, should Etheridge be convicted of the weapons violations, he could face up to five years in the slammer.

As for the C.C.C. club, Worthy filed a state lawsuit today labeling the bar a "public nuisance," seeking to have it shut down. The prosecutor's complaint not only cited last week's killings, but also an armed robbery and another shooting that occurred in October. They also accused the venue's owners of violating Michigan's liquor laws by being open after hours and serving alcohol to minors, as a police raid in December revealed.

Meanwhile, a public viewing for Proof is being held under extremely tight security until 9 p.m. Tuesday at Detroit's Fellowship Chapel. The slain rapper will be laid to rest Wednesday after an 11 a.m. service at the same location.

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