STUART, Fla. -- - The trial of the Jensen Beach man who shot the client of his prostituting wife took the stand on Thursday, claiming self defense in the 2011 shooting.
Daniel Diodato told the jury on Thursday he shot Kyle Hicks after Hicks became aggressive and threatened his life.
Diodato said the night Hicks visited his home, he was responding to an ad his wife, Sarah Diodato, had posted promising companionship. Diodato told the courtroom Hicks did not seem to want to pay his wife for sexual activity and became agitated.
Diodato said when Hicks began "mixed martial arts" wrestling him, he was left with no choice but to shoot Hicks with his shotgun.
"I don't regret it. I wish I wasn't in that situation, but I don't regret it," said Daniel Diodato. "I'm glad he's not hurt too bad, but if he died, I'd feed bad but at the time he still deserved."
State prosecutors argued Diodato was not protecting himself and was after collecting money from Hicks. Prosecutors said Hicks was shot as he was trying to leave the scene and that the story told by Sarah and Daniel Diodato does not add up.
A judge denied Diodato's "Stand Your Ground" claim on the basis that Hicks was trying to leave.
A verdict could come as soon as Friday.
If convicted, Diodato's lawyer told WPTV NewsChannel 5 he could face a minimum of 25 years in prison.
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