Attorneys for a New Mexico man who was convicted of twice hitting a church security guard and killing the man filed a motion, arguing that there wasn't enough evidence proving an intention to kill.
Marc Ward, 36, is awaiting sentencing after being found guilty in the 2022 death of 61-year-old Daniel Bourne, in the parking lot of Cavalry Church. Ward's attorneys claim that he was a long-time member of the Church and viewed its parking lot as a haven, where he would go to think.
While Ward does not dispute that he hit Bourne with his vehicle, he claims that it was an accident. Attorney Max Pines told jurors that Ward saw a flashlight, shortly before he looked up and panicked.
"He suddenly sees the gun drawn and pointed," said Pines, according to the Albuquerque Journal. "He lifts his hands to cover his face. Gunshots and impacts ring out."
Prosecutors allege that Bourne drew his weapon to defend himself and that Ward accelerated his vehicle and hit the victim twice before fleeing the scene.
Ward's conviction requires that he serve at least 30 years in prison before he is eligible for parole. In light of his recent filings, Ward's sentencing will be pushed back until June while the judge makes a decision.
