The Flowery Branch man indicted in the death of his brother on Christmas Day last year has filed his intent to claim self-defense.
Mark Alan Fyfe, 53, is accused of shooting his brother Alan Scott Fyfe, 54, in the 6400 block of River Hill Drive in Flowery Branch. Fyfe is charged with murder, felony murder, aggravated assault, interference with government property and three counts of felony obstruction of an officer.
Fyfe’s attorney Jeffrey Sliz on last Friday entered the notice of affirmative defense, a legal term for a defense strategy to excuse a defendant from charges brought against him.
“... He was attempting to protect his son, who he believed was to be kidnapped by his brother the deceased,” the notice reads.
An investigator testified at Fyfe’s probable cause hearing in January of the same reason for the shooting, as Fyfe was arrested and seated in the patrol car.
“He said he had to protect his son,” said Hall County Sheriff’s Office investigator David Treadwell.
Treadwell also testified about Fyfe’s son telling investigators his father “believes he lives in the fifth dimension” at the same probable cause hearing.
Fyfe’s felony obstruction and government property interference charges arise from him allegedly head-butting one investigator, pushing another and pulling a third officer by his lanyard to make him fall, according to the indictment. Fyfe also allegedly kicked the back window and door of a patrol car during the arrest, according to the warrants.
Law enforcement offers home vacation checks
For Hall County residents leaving town for Thanksgiving, the Hall County Sheriff’s Office and the Gainesville Police Department are offering home checks.
The program is available to anyone living in the respective jurisdictions, though both say it is based on the availability of officers capable of responding.
The sheriff’s office and the city police are asking that requests be made three to five days in advance of departure.
To request a check through Hall County, go to www.hallcounty.org/sheriff/sheriff_vaccheckform.asp
For Gainesville, go to www.gainesville.org/neighborhood-watch.