Lawyer for man accused in brother's shooting death says it was an 'accident'

LOUISVILLE, Ky. (WDRB) -- A Louisville man police say shot and killed his brother late Friday night was arraigned on Monday morning.

Leslie Marcum, 70, was arrested over the weekend for shooting and killing his brother. In front of a judge on Monday, Marcum's attorney said it was an accident.

According to the arrest report, Marcum and his brother got in an altercation inside Marcum's home on Stoltz Court late Friday night. Authorities say Marcum then went to his room to get a gun.

When he returned, police say he shot and killed his brother, Mark Marcum.

During his court appearance, Marcum's attorney, John Olash, claimed that the arrest report failed to mention the witness statement from Leslie Marcum's wife that recalls the victim attacking Marcum before the gun accidentally went off. His attorney calls it an "accidental homicide."

Olash also explained to the judge that the victim had been drinking that night.

"(The victim) was impaired. He had been drinking whiskey all night. My client went into his room, and told him to leave the house. At that point, his brother Mark attacked him. There was a struggle for the gun, the gun went off and Mark was shot," Olash said.

Olash asked for his bond to be lowered from $100,000, but the judge denied that request.

Marcum is ordered to have no contact with his family, and is expected back in court later this month.