Man's "Too Fat to Kill" Defense Fails
In a somewhat novel but seemingly legitimate defense strategy, a Florida man accused of killing his stepson in New Jersey recently used his obesity as an alibi. The circumstances surrounding the murder indicated that the killer fired a shot into the victim’s leg, sprinted up a flight of steps and then fired four more extremely accurate shots at the victim. After shooting the victim, the murderer apparently made a quick getaway before anyone could get a good look at him. Edward Ates, the man accused of the crime, argued that at 5’8” and approximately three-hundred pounds, he was simply too fat to have pulled the crime off in such a manner. Mr. Ates presented experts that testified that his physical condition would have rendered him unable to steadily fire four shots at the victim after running up a flight of steps because he would have been out of breath and his hands and legs would have been shaking due to the physical stress such an act would place on his body. He also argued that he would have been physically unable to drive for twenty-one straight hours to get back to his home in Florida, which the prosecution alleged was the case, after shooting the victim because his obesity would have prevented him from doing so. Unfortunately for Mr. Ates, this defense carried no weight (no pun intended) with the jury, and he was convicted of first-degree murder.
Tennessee law holds that first-degree murder can encompass three types of criminal activity:
- “A premeditated and intentional killing of another;
- A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or
- A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.”
Thus, Mr. Ates’s behavior would have to fit within one of the three above classifications to qualify as first-degree murder in Tennessee. Given the circumstances of the case, Mr. Ates would most likely be convicted under (1) of the statute if he were found guilty since there is no allegation that he committed any of the acts referred to in (2) and there is no indication that he used a bomb of any kind.
When it comes to possible punishments, first-degree murder carries a heavier (no pun intended) penalty than any other crime in Tennessee because the offender must receive either life with the possibility of parole, life without the possibility of parole, or the death penalty. This stands in contrast to other murder charges which abide by the standard felony classifications and punishment matrix. First-degree murder is seen as especially heinous in that it is seen as a cold-blooded, logical decision to end the life of another, and Tennessee thus seeks to penalize it with the harshest of punishments.
Bookmark: 
