Suspect in 'Fast and Furious' killing cites 'stand your ground' lawPosted: Updated:
A Limestone County judge has until on Monday to decide whether a fatal stabbing over multiple "Fast and Furious" movies falls under the state's stand your ground law.
Kenny Adams was charged with one count of murder in the stabbing death of his cousin, Yancy Foster, on December 31, 2012. On Friday, a judge heard the defendant's motion to drop the indictment for murder because he was acting in self-defense. Authorities said the stabbing stemmed over Adams loaning the Foster family copies of "Fast and Furious" 1 and 2 DVDs.
Adams' attorney argued his client was invited into the Foster's mobile home, Foster called Adams into his bedroom, put him in a headlock, and didn't let him leave when Foster's father, Ron, told him to. Ron Foster also took the stand during the hearing. He told the court Adams and the Foster family had at least one other verbal confrontation over the DVDs prior to the stabbing. Foster said he heard Adams come into the trailer, heard his son and Adams wrestling in the back, and then saw his son with a headlock around Adams.
Ron Foster said he watched Adams pull out a knife from his pocket and stab his son. Prosecutors contended because Yancy Foster's headlock on Adams showed no signed of serious physical injury, Alabama's stand your ground law doesn't apply.
Two Limestone County Sheriff's Investigators also testified during Monday's hearing. They said Adams initially told them the victim accidentally fell on the knife when they first interviewed him. They also testified Adams told them he threw the murder weapon in the creek and in the woods before it was discovered under a lawnmower underneath the porch of his mother's Limestone County home.
The defendant filed a motion seeking dismissal of the indictment alleging that he is immune from prosecution pursuant to Section 13A-3-23(d) of the Alabama Criminal Code. The Court conducted an evidentiary hearing on this motion at the Limestone County Courthouse with evidence and testimony being taken.
The Court having considered the evidence and testimony submitted at the hearing, found the defendant has failed to meet his burden of proving by a preponderance of the evidence that he is entitled to the immunity provisions of the Alabama Code 13A-3-23(d), and his motion to dismiss on the issue of immunity is hereby denied.
Adams' murder trial is expected to begin on Monday morning.
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