HERKIMER COUNTY- A new trial will be granted for the man originally condemned for murdering a man nearly three-years-ago in the Western Adirondacks.
Because the judge overseeing the trial of Steven Swanton failed to charge or instruct the jury on the defense of justification, a new trial will soon be in order.
These latest developments are according to WKTV.
The state’s Supreme Court Appellate Division unanimously reversed the original conviction.
Swanton, of Rochester, NY, was first condemned of shooting and killing Scott Krempler, 50, a retired firefighter from Putnam County, NY.
The incident took place over Labor Day Weekend, 2020. William Robertello, 55, of Oriskany, NY was also shot and wounded during the incident, but survived.
In December, 2021, Swanton was sentenced to 45-years to life behind bars.
It’s reported that his attorney can file an application for bail. If accepted, Swanton will go free until his next trial date.
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