LAWRENCEVILLE, Ga. -- A man found guilty of murder in 2008 has had his conviction overturned by double jeopardy.
Christopher Roesser was sentenced to life in prison after being found guilty of shooting Keith Price to death during a botched drug deal in December 2006.
Roesser was convicted of malice murder, felony murder, aggravated assault and a weapons charge. He filed a motion for a new trial and was granted one after a court found his original jury had been given erroneous instructions.
At the second trial, Roesser was acquitted of all charges except voluntary manslaughter, as the jury could not reach a verdict. The court declared a mistrial.
Roesser's attorney argued retrying him on the voluntary manslaughter count would violate the Constitution's ban on double jeopardy. Monday, the Supreme Court of Georgia wrote an opinion agreeing with the attorney.
"Because double jeopardy bans the prosecution from relitigating any issue decided by the jury's acquittal at the previous trial, we conclude that the doctrine of collateral estoppel prohibits the State from retrying Roesser for voluntary manslaughter," Georgia's high court said in Monday's opinion.
According to information presented at the original trial, Roesser met Price at the Lawrenceville truck depot where Roesser worked to sell marijuana to the victim. They argued about the price of the drug, causing Price to grab Roesser and demand money. When Price tried to walk away, Roesser shot him and then ran. He was arrested six weeks later at a friend's house.
Monday's decision means Roesser will be released from the Gwinnett County Jail.
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