JEFFERSONVILLE, IN (WAVE) - Attorney's don't deny Dale Bagshaw killed his estranged wife Kelly.
Defense Attorney Perry McCall said, "This is not a who done it it's not going to be that Dale did not engaged in an activity that resulted in the death of another person."
What Dale Bagshaw's attorney argues is that the two got in a fight about their relationship, he had a mental disease at the time and he snapped.
"There was something going on, factors in his life at the time that made him impossible to inform the intent," said McCall.
Despite his admittance, the state was determined to take Bagshaw to trial.
Chief Deputy Prosecutor Jeremy Mull said, "I have a lot evidence that he's guilty of murder in the case. The defense of course is going to pose an insanity defense. Makes some comments they'll seek a lesser charge based on his mental state, but under the facts of the case and under the law of Indiana this is a murder case and that's how I'm prosecuting it."
The state argues three doctors interviewed Bagshaw and not one said he was legally insane. While his attorneys argue it was manslaughter that would mean Kelly provoked him.
The state says Kelly Bagshaw didn't do that. She only showed up to pick up her children and instead of getting them, she was stabbed 43 times.
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