Suspect who shot deputy claims he was defending his niece

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The man accused of trying to kill three Brevard County deputies back in 2015 is trying to get the charges tossed. 

Deputies went to John Derossett's home in Port St. John to arrest his niece for prostitution. That's when deputies say that Derossett started shooting. One deputy was hit but survived. 

Derossett now claims he didn't know the men were deputies and thought they were trying to kidnap his niece. 

A hearing, similar to a 'Stand Your Ground' defense is set for later this month.