Brother vs. Brother: Self Defense?

William Gorzynski plans to use the state's "Stand Your Ground" law as his defense

By ARI ODZER

Updated 6:10 PM EST, Thu, Oct 29, 2009

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It's the story that makes everyone shudder in disbelief.

How can one brother kill another, especially when they're just a year apart in age, when they have many of the same friends, and when everyone says they're as close as brothers can be?

"I believe this was clearly an act of self defense," answers Glenn Roderman, William Gorzynski's lawyer.

Roderman said 15-year-old was defending himself from being punched repeatedly by his younger brother Matthew, when he plunged a kitchen knife into Matt's chest, killing him on Monday.

Police released the frantic 9-1-1 emergency call Thursday and you can hear William's desperate pleas above.

According to Roderman, here's what happened.

The two brothers were walking home from Taravella High School when Matthew Gorzynski, 14, got mad at something their older brother, Timothy Gorzynski, a college student, had said to him. When they got inside the house, Matthew turned up his computer speakers full-blast.

William asked him repeatedly to turn it down, but Matthew refused. When William tried to turn down the music himself, Matthew punched him in the head. That started a one-sided fist-fight, with the stronger, more athletic Matthew basically pummeling his chubby brother.

William retreated to the kitchen, was cornered, and picked up a knife from the counter. Roderman says he was just trying to scare his brother into stopping his assault, but Matthew wouldn't stop hitting his brother. He describes the split-second, heat-of-the-moment act as William just pointing the knife at Matthew, lunging at him one time.

The knife did much more damage than William expected or wanted, according to Roderman. Matthew staggered to his bedroom, William called 911, and followed the operator's instructions to stop the bleeding.

It just wasn't enough, the wound was too deep, and Matthew was declared dead at the trauma center.

Roderman says the family is "beyond devastated".

"As a lawyer, as a father, it's just incredible what happened here. This boy is not a criminal," Roderman said.

He's hoping the State Attorney's office will keep this case in the juvenile system, rather than try William as an adult. Roderman also broached an interesting legal theory.

Under Florida's so-called "Stand Your Ground" law, he says William had the right to stand his ground and meet force with force, even deadly force, if he felt he was in danger of bodily harm. Roderman will ask that the law be applied to William Gorzynski and for the charge of second-degree murder to be dropped.

But first things first.

At a hearing next week, he'll ask a judge to let William out of detention, to let him go under house arrest.

"Matthew is a sweet kid. He's not a threat to anyone. No one can believe this even happened," Roderman said.