Judge Denies Motion to Dismiss FIU Murder Case

Quentin Wyche is expected to appear for trial March 1

By Karen Franklin
|  Thursday, Feb 16, 2012  |  Updated 7:29 PM EDT
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Florida International University turned into a crime scene late last night when 22-year-old Kendall Berry was stabebd to death.

Florida International University turned into a crime scene late last night when 22-year-old Kendall Berry was stabebd to death.

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Judge To Decide on FIU Fatal Stabbing Case

Kendall Berry was stabbed to death with a pair scissors on Florida International University's campus in March of 2010.

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Over 1,000 people attended a memorial for FIU football player Kendall Berry
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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.

“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.

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