Winchester, Va. -- The attorney for the prime suspect in a Winchester homicide investigation says his client acted in self defense.
Phil Griffin represents Jaquan Harvall who is the prime suspect in the killing of Arthur Ray Harvey.
Griffin told WHAG that he believes the act was not one of violence, but of self defense.
"He was in the wrong place at the wrong time,” said Griffin. “We believe based on the investigation that we've done, that he took all the appropriate actions that he had to take - and should have taken in order to protect himself and others on the night in question."
Harvall allegedly strangled Harvey inside Harvall's home the night of New Year’s Eve.
"I’m not sure this is a strangulation case. I think this an unfortunate accident. And the facts about what happened that night will come out at some point - more appropriately in the future,” said Griffin.
The Frederick County Sheriff's Office says the Harvall fled the scene after calling 911, however Griffin says that Harvall is still a resident of Winchester, and not a threat to the community.
"Mr. Harvall did not flee the scene, has not fled the scene. He continues to live there, remains in the area, and simply has not been charged with anything at this point in time," Griffin said.
It is still an ongoing investigation, and Harvall has not official been charged with anything. The Commonwealth Attorney is awaiting Harvey’s toxicology report before moving forward.