Florida man whose ‘fat defense’ failed faces sentencing for ‘06 murder in New Jersey

By David Porter, AP
Thursday, December 17, 2009

Man whose ‘fat defense’ failed faces sentencing

HACKENSACK, N.J. — A Florida man who claimed he was too fat to have murdered his son-in-law is facing sentencing in New Jersey.

A jury last month convicted Edward Ates (AYTZ’) of shooting and killing Paul Duncsak (DUNS’-kak) in Duncsak’s northern New Jersey home in Ramsey.

During the six-week trial, Ates’ defense rested on claims that he was too unfit to have run up and down stairs to shoot Duncsak, then escape by driving more than 20 hours to his mother’s home in Louisiana.

Ates was 62 years old and 285 pounds when Duncsak was killed in 2006.

Prosecutors are expected to ask for a sentence of life plus additional time on Thursday. Ates’ attorney plans to appeal and says the killer is still on the loose.

The victim and Ates’ daughter were divorced and involved in a bitter custody dispute.

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