JACKSONVILLE, Fla. -

A man accused of striking another man with a baseball bat during a football watch party and killing him has filed a "stand your ground" petition.

Alvin Welch is charged with second-degree murder in the January beating death of 31-year-old Joshua Heinz (pictured below).

Investigators said Welch struck Heinz in the head with the bat after the two got into an argument over how Welch was cutting BBQ at Heinz's Southside home.

In the petition, Welch's lawyer says Heinz slapped Welch's hand, knocking the plate and the knife to the floor.

The lawyer says six times in the petition that Welch believed Heinz picked up the knife. However, he doesn't assert that Welch actually saw Heinz in possession of the knife.

The petition says, "Mr. Welch didn't hit an innocent bystander with a baseball bat. Rather, Mr. Welch defended himself against Joshua Heinz's unprovoked attack."

Elsewhere in the petition, Heinz's actions are described as "aggressive," "unprovoked" and "unlawful."

Welch fled the house and was arrested several days later. He's still being held without bond.

The stand your ground hearing is scheduled for Wednesday.