Published: Sep 03, 2014 7:03 PM EDT
Updated: Sep 03, 2014 7:04 PM EDT

FORT MYERS, Fla.- A man facing trial in a deadly hit-and-run could walk free.

A defense attorney is arguing the wrong authorities responded to the crash. Now a few feet may determine the man's penalty.           

The crash happened early in the morning on October 20 last year. A truck hit and killed 61-year-old Juan Aranda on u-s 41.

Witnesses say the  driver stopped briefly, then sped off.

A few days later, Fort Myers Police arrested 42-year-old Frank Pizzurro of Cape Coral. 

He's charged with leaving the scene of a crash in which a person died. Pizzure remains in jail, awaiting trial.

Now, Pizzurro's defense attorney is questioning the legality of the Fort Myers Police response to the crash.

He suggests the crash site is outside the city.

Pizurro's attorney claims in court filings that Fort Myers Police officers acted without authority, outside city limits.

If a judge agrees, that would cripple, if not destroy, the case against Pizzurro.

The defense may call city and Lee County public works officials to testify about the boundary at pre-trial hearings next week.