Attorney files motion asserting 'stand your ground' in Brett Parker case

COLUMBIA, SC (WIS) - The attorney for Brett Parker, the man accused of killing his wife and a business associate, has filed a motion on Friday asserting the "stand your ground" defense.

The latest motion will delay the trial, which was scheduled for May 6. 

Brett Parker could face the death penalty if convicted of murdering Tammy Parker, 44, and Bryan Capnerhurst, 46, inside the couple's $760,000 home on Tackeria Ct. in April 2012.

Parker's attorney, Dave Fedor, claimed their client had shot and killed Capnerhurst after Capnerhurst killed Tammy and then tried to force her husband to hand over money from a safe.

Prosecutors contend Brett Parker fired all the fatal shots in part to collect insurance money on his wife. The motions filed Friday argue he is immune from prosecution under the state's Protection of Persons and Property Act. It is similar to the law invoked by attorneys for George Zimmerman, the man accused of killing Trayvon Martin in Florida.

It says a person in fear of his life or bodily injury or to prevent such to another person can meet force with force, including deadly force.

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

Fedor says the motions filed will have to be decided by a judge in a hearing that could conceivably last several days.

The judge's ruling could then be appealed to the state Supreme Court by the losing side and resolution by the high court of that appeal could mean another delay that could last months.

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