Prosecutors grill man using 'fat' defense

October 29, 2009 9:27:56 AM PDT
New Jersey prosecutors are trying to portray a Florida man who claims he was too fat to have killed his former son-in-law as a skilled marksman.

Edward Ates claims he didn't have the energy to accurately shoot Paul Duncsak and make a quick getaway.

Under cross-examination Thursday, Ates admitted he once used his revolver to shoot a snake during a road trip.

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

Duncsak and Ates' daughter were involved in a bitter custody dispute after their divorce.

A defense lawyer says the prosecution theory would mean that the killer would have had to run up a set of stairs. He says Ates couldn't have done that and fired a gun accurately. He says exertion would cause his hands to shake.


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