O'Charley's Murder Suspect in Court-Scott Couch

A novel defense in a court hearing for a Nashville murder suspect.

David Kimball, who's charged in the stabbing death of a chef at the O'Charley's restaurant in Hickory Hollow earlier this month, says it was the victim's fault.

Witnesses say kitchen supervisor Eris Bruno was in the restaurant off duty when Kimball started tapping on an outside window to get another employee's attention.

Kimball came in, and that's when Bruno confronted him.

Metro police detective Brad Corcoran says, "From the witnesses I interviewed, they said that Mr. Kimball threw the first punch. What they were seeing as punches was later determined to be the knife thrusts themselves."

Bruno died after being stabbed four times- twice in the neck and twice in the chest.

One of the thrusts collapsing his lung.

Witness Barry Vale says, "I was like what's going on, why is he cussing like this."

Police say Kimball was trying to collect a $10 drug debt from Barry Vale who works at the restaurant.

Vale says it was gas money.

On Monday, Vale was called as a witness for the defense, suggesting Bruno overreacted, along with another man, and set the wheels of what police say was a murder into motion.

Vale says, "Usually Bruno would have said I work here, I'm the kitchen chef, can you please don't knock on the window. This would have never happened. But for some reason, he (Bruno) want to jump in with the other guy."

Both sides agree on two points, Kimball threw the fist punch and he was the only one with a weapon.

General Sessions Judge Mike Mondelli says, "Based on testimony, the court heard, the court finds the state produced probable cause and binds the defendant over."

Kimball remains behind bars on a $750,000 bond.

The body of Eris Bruno was taken back to Florida by relatives for burial.

O'Charley's Murder Suspect in Court-Scott Couch