Defendant Says He Was "Too Fat To Kill"

Too fat to kill is just not a common defence.

But that is the claim of a Florida man on trial for the murder of his son-in-law, a 40-year-old pharmaceutical executive.  

AP:  Edward Ates, who took the stand in his own defence Wednesday, claims he didn’t have the energy to accurately shoot Paul Duncsak and make a quick getaway.

The 62-year-old was 285 pounds when Duncsak was killed in 2006.

The prosecutors say that Ates climbed stairs to shoot Duncsak, who was involved in a custody battle with Ates’s daughter.  Houston defence attorney David Berg told the AP that he had never heard of such a defence, but that it could be credible if the facts fit.  

It may be odd, but a defence is a defence – and if a jury believes he could not have done it due to his weight, then that is as relevant as any other evidence.  

But the live evidence — Ates himself — has been altered.  He testified he lost 60 pounds while in jail awaiting his trial.

An AP article with all of the details of the case is here.  

Photo:  AP/Trenton Prosecutor’s Office

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