Ascot Estates murder trial delayed - wistv.com - Columbia, South Carolina |

Ascot Estates murder trial delayed

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Brett Parker appears in court Monday. (Source: Jack Kuenzie) Brett Parker appears in court Monday. (Source: Jack Kuenzie)
COLUMBIA, SC (WIS) -

The trial of a man accused of shooting and killing his wife and a business partner in his Ascot Estates home last year has been delayed one week so that defense attorneys can study hundreds of pages of documents they received before a hearing on Monday.

While it was originally a hearing to determine whether or not Brett Parker and his defense team could claim the state's "stand your ground" law in the April, 2012 killings of Tammy Parker, 44, and Bryan Capnerhurst, 46, Judge DeAndrea Benjamin ruled on another motion first.

After they say they received approximately 470 pages of discovery documents just before the hearing, the defense asked for a delay to have time to look over the paperwork.

The defense also asked for the delay so that a defense expert to review results of gunshot residue testing included in the discovery materials on Capnerhurst's hands.

The defense says the test results are positive, leading to a suggestion that Capnerhurst had fired a gun in the process of killing Tammy before turning it on Brett.

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

The defense motion says Parker should have immunity under the state's "stand your ground" law. Prosecutors say the law does not apply in part because Capnerhurst was invited into the Parker home.

The state contends Brett Parker fired all the fatal shots in part to collect insurance money on his wife. The motions filed April 19 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.

Benjamin granted a 7-day delay, but did not rule on whether the "stand your ground" provision will apply in Parker's case.

The trial was scheduled to begin May 6.

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