BERLIN, N.H. (MyKeeneNow) – A New Hampshire man accused of killing the mother of his children says he was acting in defense of the children.

In the early morning hours of March 1st an Amber Alert was issued for Elowyn and Vaelyn Duren who were 4 and 1 years old respectively at the time and believed to be with their father Dustin Duren, then 37, who was believed to be armed and dangerous.

The alert was issued after the girls’ mother, Kaitlyn Naffziger, 31, was found dead inside an apartment in Berlin, New Hampshire.

The Keene Police Department received a tip later that morning that the vehicle named in the alert was seen in the Applebee’s parking lot on Key Road in Keene.

Police responded and took Dustin Duren into custody, while the two girls were evaluated by Keene Fire/EMS and found to be uninjured.

Duren was charged with first- and second-degree murder, reckless conduct, and endangering the welfare of a child and was held without bail in the Cheshire County House of Corrections before being transported to appear in Berlin District Court.

In a new motion filed in Coos County Superior Court, Dustin Duren’s attorneys say he was protecting the children from their mother, as he thought she was about to commit a kidnapping.

New Hampshire law says that a person is justified in using deadly force when he or she reasonably believes that someone is committing or about to commit kidnapping.

An autopsy determined Naffziger died of a single gunshot wound to the head.

Dustin Duren is scheduled to go to trial in July.