TITUSVILLE, Fla. – A defense attorney says a 37-year-old woman didn't mean to kill her boyfriend when she shot him with a pellet gun during a fight.
It's the first time Brandi George's side of the story is being revealed.
Brevard County sheriff's deputies said that in March, George shot her 32-year-old boyfriend with an air rifle one time in his upper body.
George is now seeking immunity from a manslaughter charge.
Her lawyer identified her boyfriend as James Nelson.
"It was clearly self-defense," attorney Mike Bross said. "He was attacking her, threatening her, yelling at her, threw a bottle at her."
The couple had a reputation for fighting, but they were living together in a house on Lindsay Avenue after George's injunction against Nelson expired.
Deputies said there were children living with them too.
"Like an abused woman who always brings somebody back, who doesn't learn from the initial set of circumstances, she allowed him to return," Bross said.
Out on a $125,000 bond since June, George was in a Titusville courtroom Thursday seeking a stand your ground hearing.
Prosecutors argued against having the hearing.
"The state is trying to shift the burden of proof to make us prove something before then, (but) they have to establish that she had no right to stand her ground," Bross said.
A judge will make a ruling on whether a stand your ground hearing will be held.
The state and defense presented their arguments Thursday, but the judge did not make a decision, nor did she state when she might have one.
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