The defense attorney for a man accused of fatally stabbing a Florida International University football player filed a motion in court Tuesday to dismiss the case.
Defense Attorney David Peckins filed the motion on the grounds that Quentin Wyche acted in self-defense and in part because summer break at FIU is making it difficult to locate witnesses.
Wyche, 23,was charged with second-degree murder in the death of Kendall Berry in March 2010.
Berry, 22, was a running back and wide receiver for the Golden Panthers.
In March 2010, the two men got into a fight after Wyche allegedly insulted Berry's girlfriend, police said. Wyche allegedly stabbed Berry with a pair of scissors, investigators said.
Peckins said his client was not the aggressor and was trying to defend himself.
A Miami-Dade judge has set a hearing date for Aug. 2, but the prosecutors want the hearing pushed back to Aug. 8, Peckins said.
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“They say they’re unable to produce the witnesses, many of whom are students at FIU and have apparently gone home for the summer,” said Peckins about the potential delay. “This is the point of time when they’re bringing it to the court’s attention.”
Peckins added that he is confident that Wyche will go home after the court rules on the motion.
Wyche is currently being held without bond in Miami-Dade jail
