By: Philippe Buteau/Staff Writer
The case of Kendall Berry’s murder could be dismissed without even going to trial.
Quentin Wyche, 24, stabbed Berry with a pair of scissors outside the Recreation Center on the Modesto Maidique Campus two years ago on March, 25 2010. However, Wyche’s defense attorney David Peckins is arguing Wyche was defending himself.
Student Media called Peckins for an interview but he did not want to comment until Judge Milton Hirsch has made a decision but he spoke to CBS Miami on the Jan. 23 hearing day.
“He just happened to thrust himself against the scissor that the defendant had taken out apparently from his book bag when he was being chased down by this football team,” Peckins said to CBS Miami.
Wyche’s defense attorneys are using former Gov. Jeb Bush’s “Stand Your Ground Law,” which passed in 2005, as the basis of their self-defense argument.
The law, filed under chapter 776 of the Florida Statutes details several conditions which deadly force is permitted.
“A person is justified in the use of deadly force and does not have a duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony,” according to 776.012 of the statutes.
During the hearing, witnesses said Berry with his friends and teammates behind him, picked the fight with Wyche.
The prosecution is arguing Wyche knew exactly what he wanted to do when pulled the pair of scissors from his backpack and the trial should proceed.
Student Media called prosecutor Abbe Rifkin from the State Attorney’s office but she was unavailable for comment as of press time.
“This is someone who brought a knife to a fist fight, and someone is dead because of it,” Rifkin said to CBS Miami.
Hirsch has given Wyche’s defense two weeks to present to him all witness statements as hearsay evidence. Then the judge will decide whether Wyche will be released or if the case will go to trial.
Hearsay evidence is when someone relates not what they know but what they have heard from others.
During summer 2011, Peckins also tried to get the case dismissed on the basis the summer made it difficult to get a hold of witnesses as most of them were home for the summer.
Hirsch ruled on April 5, 2011 Wyche would be held without bond – set at $25,000 – before his trial for second-degree murder. The judge found Wyche to be a “substantial” risk to the community if released early.
Wyche’s next hearing is set for Feb. 13 at 9.m. in room 2-5 of the Richard Gerstein Justice building.
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