On Tuesday, a Bronx man appeared in criminal court for stabbing his brother last year. Prosecutor, John Miras, asked that Judge Marsha Michael allow time to devise a counseling program as an alternative to prison time. The defense and prosecution have agreed to make education and mental health a priority in a situation defense attorney, Matthew Kluger, called “half accident, half self-defense.”

Michael Parko, 28, graduated from Syracuse University in 2014 with an engineering degree. He worked as a therapist. According to his lawyer, he came home to support his mother after she suffered a stroke. Moving home also meant dealing with his unstable teenage brother, Matthew Parko. Case documents indicate that Matthew Parko may have also suffered from seizures. He recently moved home because his father couldn't handle living with him. Despite being around the same height, Matthew Parko could easily overpower his big brother.

“He was heavy, he was beefy,” said Kluger, “And he was a big kid. If he came at you, you would feel — I mean, you’d get hit.”

The Parko family was used such violence. Matthew Parko previously threatened to kill them with a knife. His anger management issues were evident. Kluger says there is a video of Matthew Parko threatening his family over ice cream. As a family of first generation Ghanian Americans, they didn’t want to risk making the situation worse by calling the police. One evening Matthew Parko ran towards Michael Parko at full speed inside their Claremont Village home. Backed against the refrigerator, Michael Parko grabbed a knife to defend himself. He stabbed Matthew Parko, and was arrested with manslaughter and assault. Matthew Parko died in Bronx Lebanon Hospital shortly thereafter.

Now, Kluger and Miras are tasked with using stringent legal guidelines to interpret a nuanced situation. Kluger said nobody wants to see his client to go to prison, not even District Attorney Darcel Clark. A counseling program similar to ones used in drug courts, is under construction. However, Michael Parko wasn’t on drugs. He’s also not exactly a domestic violence victim either, said Kluger. Creating a program for Michael Parko is difficult because he doesn’t have anger or mental health issues.

If Miras and Kluger cannot agree on a plea, the case will go to trial. Although Kluger is confident that the facts are in his favor, juries are hard to predict. If they find Michael Parko guilty of murder, he could spend the rest of his life in prison.

“We want to get him back on the right track,” said Kluger. “He was never off the right track because he never wanted this to happen in the first place.” All parties will appear in court to discuss a plea deal on November 20.