Motion to dismiss filed for Naples man accused of killing mother

The attorney of a East Naples man accused of killing his mother in 2016 has filed a motion to dismiss, claiming the accused acted in self-defense.

On Monday, the lawyer of Yuzo Nishi, 33, filed a motion to dismiss the prosecution of his case.

Nishi faces a second-degree murder charge for the Dec. 11, 2016 death of his mother, Maria Bertalmio, who was 51 years old.

According to the motion, counsel claims Nishi was not engaged in criminal activity. And, under the circumstance, Nishi believed his life was in danger of Bertalmio, who was described to be wielding a kitchen knife and advancing toward Nishi, as well as injuring his hand with the knife as described in the motion.

Nishi’s lawyer attempted to claim a similar account on behalf of him during his first court appearance in 2016, but the judge did not agree with them. The judge said even though Nishi did call 911, the wounds on his hands were consistent with those on his mother’s body and ordered him to stay in jail at the time.

Nishi remains in jail with no set bond amount.

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• East Naples man faces murder charges in mother’s killing