MITCHELL (AP) — The family of Elroy Wieting, an Alpena bar owner who died after a confrontation with two Missouri men, says it has evidence that the men are to blame in the death.

Wieting died in his bar after an incident involving Roger Burns and his son, Paul, who were visiting South Dakota in 2006.

Jeffery Larson of Woonsocket, the family’s lawyer, wrote in court papers that the Burnses have claimed there were other reasons for Wieting’s death and that the family is “clearly of the opinion and have evidence to back (the) opinion up, that it was the stress from the altercation that caused Mr. Wieting’s death.”

In 2007, a jury cleared Paul Burns of manslaughter and aggravated assault and convicted him of simple assault and disorderly conduct. Roger Burns pleaded no contest to disorderly conduct and simple assault against a security guard.

The family then sued the Burnses, who said Wieting’s health prompted his death.

A forensic pathologist who did an autopsy on Wieting testified at Paul Burns’ trial that the heart attack was precipitated by the tussle.

“I think a jury looking at the facts as a whole can certainly reach the conclusion that it was the actions of both, Roger Burns and Paul Burns, that directly led, within a matter of 15 to 20 minutes, to the death of Elroy Wieting,” Larson wrote.

Attempts to reach the Burnses’ lawyer were unsuccessful. No trial date has been set in U.S. District Court.