Judge Denies Motion to Dismiss FIU Murder Case | NBC 6 South Florida

Judge Denies Motion to Dismiss FIU Murder Case

Quentin Wyche is expected to appear for trial March 1



    Florida International University turned into a crime scene late last night when 22-year-old Kendall Berry was stabebd to death. (Published Friday, March 26, 2010)

    A judge has denied an order to dismiss the case of a fatal stabbing that occurred on the Florida International University campus in March 2010, according to an official order.

    Quentin Wyche, accused of fatally stabbing FIU football player Kendall Berry with scissors, filed a motion to dismiss his case based on self-defense.

    Florida's "Stand Your Ground" law states that a person is entitled to “use deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself,” according to the order.

    Judge Milton Hirsch denied the motion Thursday because he said witnesses did not give consistent stories.

    “Crucially, no one can testify to the events immediately preceding Berry’s being stabbed,” Hirsch said.

    Hirsch also said that Wyche did not provide enough evidence to prove he was justified to use such force.

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    Wednesday's annual scrimmage was without a familiar face, running back Kendall Berry (Published Wednesday, April 7, 2010)

    “We are excited and we’re happy that the judge made the decision not to throw the case out,” Berry’s mother, Melisscia Spillman, said. “All we really wanted was a fair chance, so with this going to trial, that’ll give us a chance.”

    Wyche’s murder trial is expected to begin on March 1.

    A call to Wyche's attorney was not immediately returned.