The attorney for the Watervliet man accused of killing a man with a pipe wrench is arguing his client was defending himself after being threatened with a hatchet.

Cyrus J. Tetreault, 20, appeared in Malta Town Court Thursday for a preliminary hearing. He has been charged with first-degree manslaughter in the death of 53-year-old Brian Miller.

The incident happened just before 6:30 p.m. on May 31 at the Malta Pointe Apartments in Malta.

His attorney, Kevin O’Brien, unsuccessfully argued that his bail be lowered or even released to the supervision of probation. O’Brien said his client is not a flight risk because he ultimately did come back to the scene to provide a written statement. He also was taken into custody and interviewed.

Judge James Fauci denied that request and kept bail at $100,000 cash, $200,000 bond or $1 million partially secured bond.

O’Brien said after the hearing that his client doesn’t deserve to be sitting in jail for what he believes is a clear case of self-defense.

“I’m not saying that Mr. Miller serves to be dead, or this is a good result, but I have zero problems with what Cyrus did,” he said.

O’Brien said he didn’t have all the information about what the altercations were about. There was a fight earlier in the day that had nothing to do with Tetreault. He wasn’t even there. He is a plumber and is at work.

A friend of Tetreault had contacted him to come assist a 16-year-old get medical attention. The youth had gotten beaten up earlier in the day.

When he arrived at the scene, that’s when O’Brien claims there was aggressive behavior on the part of Miller and another man he called Brandon.

O’Brien raised these issues during the preliminary hearing, which lasted about an hour.

First Assistant District Attorney Al Poremba objected multiple times, saying that O’Brien’s line of questioning was outside the scope of this hearing.

Judge Fauci allowed some leeway to make some arguments.

Investigator Nicholas Hess testified that he advised Tetreault of his Miranda rights and he consented to be interviewed. Hess said Tetreault told him he “struck a white dude with a wrench.” He then drove to his father’s house in Clifton Park.

On cross-examination, O’Brien asked if Hess told him if he could wait until an attorney arrived to answer his questions. Hess reiterated that he read him his Miranda rights on the card.

He also confirmed that he told him there was a hatchet found at the scene. However, he did not confirm O’Brien’s claims that Tetreault was threatened.

“There is nothing to show at this point in time that Mr. Miller was coming at him with a hatchet,” Hess said.  

Senior Investigator Matthew Kavanagh testified that they found the pipe wrench in the backyard of Tetreault’s father under a palette with some fresh brush on top of it.

Fauci believed there is sufficient evidence to support the felony charge and transferred the matter to the county for possible grand jury action.

O’Brien said afterward that he plans to file an application with Saratoga County Court for a bail reduction.