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Gainesville man accused of killing sister says he never even had the gun

POSTED: January 10, 2017 7:12 p.m.
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Bradley Scott Holland

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A Gainesville man accused of fatally shooting his sister in November has filed a motion for a murder charge to be dismissed, claiming there is no evidence of him possessing the gun.

Bradley Scott Holland, 35, was indicted Dec. 1 on charges of malice murder, felony murder, aggravated assault and possession of a firearm by a convicted felon.

He is accused of shooting Stacey Allison, 33, Nov. 18 in the Chicopee Village of Gainesville.

Holland and attorney Larry Duttweiler filed the motion Jan. 3 for the court to either dismiss the felony murder charge or grant him immunity.

“(Holland) is unaware of any evidence that suggests he was ever in actual or constructive possession of the pistol at issue in this case,” according to the motion. “Moreover, there is no evidence that (Holland) ever used the gun at issue in any way toward his sister, the alleged victim, in any intentional manner.”

Holland’s wife, Shannon, previously told The Times the two were fighting when the shooting occurred. The Gainesville man’s wife was trying to pull her husband back when the gun went off, she said.

The felony murder charge in question is predicated on the possession of a firearm by a convicted felon count, a charge usually separated from the main case.

The motion also states Holland would be entitled to an immunity hearing for self-defense purposes “as a result of the alleged victim’s possession and attempted use of a gun to either shoot her brother, (Holland), or as an indirect threat against him.”

“Should the state attempt to have the court dismiss this immunity claim by arguing that (Holland) was committing a felony while claiming self-defense, this would only return to the original issue of whether a gun was being actually possessed by (Holland) during this short incident at all,” according to the motion.



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