• BREAKING NEWS ABC shows live and on-demand -- Download the WATCH ABC app!

'Too fat to kill' suspect convicted

November 6, 2009 12:00:00 AM PST
A jury rejected a Florida man's defense that he was too fat to have killed his former son-in-law and convicted him of murder Friday.Edward Ates had argued he was too heavy to have run up and down a flight of stairs to kill 40-year-old Paul Duncsak at his home in New Jersey and then make a swift getaway.

At the time of the 2006 shooting, Ates was 62 years old, 5-feet-8 and 285 pounds.

Prosecutors said Ates killed Duncsak because he was involved in a contentious custody battle with Ates's daughter.

Sentencing is scheduled for Dec. 17.

AP contributed to this report.