TRENTON, N.J. AP – A Florida man accused of killing his son-in-law in New Jersey is arguing that he was unable to commit the crime because he was too fat.

When Edward Ates takes the stand in his defense Wednesday, he’s expected to tell jurors he wouldn’t have had the energy needed to climb and descend the staircase where prosecutors say the killer was perched when he shot Paul Duncsak, a 40-year-old pharmaceutical executive, in 2006.