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MIAMI (CBS4) – Former Florida International University student Quentin Wyche sat in the back of a South Florida courtroom Monday morning, hearing witnesses describe the day he stabbed FIU football running back Kendall Berry to death with a pair of scissors.

But this wasn’t a trial. Defense attorneys are pushing the judge to dismiss the murder charge against Wyche before a jury ever hears the case.

They say he stabbed Berry out of self defense under Florida’s “Stand Your Ground’ law, though Berry wasn’t armed. The self defense law was enacted in 2005 by the-Governor Jeb Bush.

The defense’s witnesses testified that Berry picked the fight with Wyche outside the school’s recreation center in March of 2010, with more than a dozen of Berry’s buddies and fellow football players backing him up.

“(Berry) was walking toward (Wyche), squaring up, getting ready to fight…(Berry) was saying ‘oh you did something to my girl,'” witness Garett Cottom told the court.

Both witnesses testified that at first, Wyche ran away from Berry and his friends.

“When I looked back, ‘Q’ was running toward the rec to the doors we came out from with a group of guys chasing him,” testified Anthony Cooper.

Attorney David Peckins says Berry’s death was unintentional.

“He just happened to thrust himself against the scissor that the defendant had taken out apparently from his book bag when he was being chased down by this football team,” Peckins told CBS4’s Natalia Zea.

Prosecutors maintain Wyche intended to kill Berry, and that the judge should move forward with trial.

“This is murder. This is pure and simple murder….This is someone who brought a knife to a fist fight, and someone is dead because of it,” said prosecutor Abbe Rifkin.

“He stabbed him at the bottom of his heart,” Berry’s mother, Mellisscia Spillman recalled emotionally.

Berry’s family members can’t imagine seeing Wyche go free without a trial.

“We’re very disappointed, it’s been 2 years and we still don’t know what happened. It’s about time he starts being a judge and starts making things happen,” said Berry’s father, Derrick Spillman.
Judge Milton Hirsch gave the defense two weeks to present to him all the witness statements as hearsay evidence.

Then the judge will decide whether this case should go to trial or whether Quentin Wyche should be a free man.

Comments (8)
  1. Rick Saxby says:

    This is crazy. I just read another story yesterday about a kid in Florida you stabbed his bully who threw whipped cream at him and also punched him in the head. The kid stabbed him with a knife and killed him. And guess what? The Teachers are responsible, not the kid. Now they are going to let this guy off to. Also I read a story were this 20 year old kid in Chicago shot somebody for attacking him, the guy died and now he’s serving 20 (The guy was unarmed like in this situation). I guess it depends in what state you kill the guy.

    Rick Saxby,

    1. Spt says:

      When someone is in fear of their life they will do anything to protect it. People should just not be bullies and leave others alone. Berry and 20 of his friends tried to beating up this young man and his friend, and in return he got the short end of the stick. The victim is not the actual victim in this case, he was the aggressor and unfortunately he paid for it with his life

      1. unknown says:

        the victim is the viticm in this case. no one has the right to take another persons life. Justice needs to be served for my cousin and our family. Wrong is wrong and this crinimal does not need to be set free!!!!

      2. josh says:

        im sorry for your loss, n im not saying that it wasnt wrong that he was killed. in this situation though he was the one looking for trouble. when its you vs 20, your not thinking that your gonna get just beat up. your fearing your own life. him bringing a weapon into this fight, was trying to defend himself from not getting killed himself…i kno u feel a certain way because it was family, but u have to think about whats right. u want to put someone away for defending himself, defending himself after he already tried to flee the scene to try n resolve the already bad situation. again im sry for your loss, but i find him not guilty in a horrible situation

  2. unknown says:

    are you serious? if a person brings his whole gang with him im not gonna get beat up…i going to defend myself and a weapon just balance everything out

  3. Bryan says:

    let someone mess with your wife or beloved girlfriend and see if you dont wanna beat him up. of course youre gonna call him out, and in a hand to hand fight Q woulda got what he deserved, too bad he lacked the honor to take care of it the right way.

  4. Darrell Jackson says:

    All of this is garbage ya’ll are talking on here. He runs away then comes back with scissors and he’s defending himself and he’s the victim, please. He meant to kill my cousin and that’s just that.

  5. just me says:

    yeah a fight is a fight..1 on 1. but why you have to bring 20 people (football players) with you, backing you up? to watch? then they should have just watched. to get fronted by 1 with 20 players backing you up …….then all running after you is not a fight. its a gang……DEF…A group of criminals or hoodlums who band together for mutual protection and profit.

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