GREEN BAY, WI (WTAQ)- A man accused of a Brown County murder will get the chance to argue his innocence next month.
George Burch claims he was beaten and threatened by Douglass Detrie, who he says is the one responsible for the murder of Nicole VanderHeyden in May of last year.
The defense plans to argue that while he was inside his vehicle with VanderHeyden, Burch was struck in the back of head by Detrie.
The defense’s claim is that Burch noticed VanderHeyden was unconscious. He also claims that Detrie held him at gunpoint, and forced him to drive the body to the Bellevue field where it was later found.
Burch was granted the chance to argue this case to a jury, but his claim goes against evidence that shows Detrie was not at the scene of murder.
Court records shoe that Detrie was arrested, but never charged for the murder after a Fitbit device that he was wearing, showed he was sleeping at the time of the murder.
The criminal complaint shows that Burch’s DNA was found on VanderHeyden’s body, clothes and other evidence and that cell phone records put him at the murder scene and the scene where the body was found.
Arugments in court on Friday were on the accuracy of data from a Fitbit as a key piece of evidence.
Burch is scheduled for trial on February 16.
