NEWARK, N.J. (AP) -- Former NBA star Jayson Williams can be retried on a reckless manslaughter charge stemming from the shooting death of a hired driver at the player's estate, an appeals court ruled Friday.
The former New Jersey Nets star had sought to avoid a second trial, contending that it would be double jeopardy.
Williams, 38, has remained free on bail since his April 30, 2004 conviction on four charges stemming from a failed attempt to cover up the 2002 fatal shooting at the mansion he owned.
The jury acquitted Williams of the most serious offense, aggravated manslaughter, but deadlocked on the charge of reckless manslaughter.
Williams spokeswoman Judy Williams said they plan to appeal the ruling.
First Assistant Hunterdon County Prosecutor Steven C. Lember, who tried the case, did not immediately return a message seeking comment.
The ruling by a unanimous three-judge appeals panel endorsed a series of decisions by the trial judge, state Superior Court Judge Edward M. Coleman, including some that limited what evidence prosecutors can present at a new trial.
Prosecutors said Williams was handling the gun recklessly when it went off and killed Costas "Gus" Christofi, 55. The defense maintained the shooting was purely an accident.
The former New Jersey Nets star had sought to avoid a second trial, contending that it would be double jeopardy.
Williams, 38, has remained free on bail since his April 30, 2004 conviction on four charges stemming from a failed attempt to cover up the 2002 fatal shooting at the mansion he owned.
The jury acquitted Williams of the most serious offense, aggravated manslaughter, but deadlocked on the charge of reckless manslaughter.
Williams spokeswoman Judy Williams said they plan to appeal the ruling.
First Assistant Hunterdon County Prosecutor Steven C. Lember, who tried the case, did not immediately return a message seeking comment.
The ruling by a unanimous three-judge appeals panel endorsed a series of decisions by the trial judge, state Superior Court Judge Edward M. Coleman, including some that limited what evidence prosecutors can present at a new trial.
Prosecutors said Williams was handling the gun recklessly when it went off and killed Costas "Gus" Christofi, 55. The defense maintained the shooting was purely an accident.
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