The murder conviction for an Elmira man who accidentally shot and killed another man in his sleep has been overturned.
A state Appellate Court says that the judge in the trial of Demetrius Molina incorrectly instructed the jury. They have ordered a new trial for the man.
Molina was convicted on both murder and manslaughter charges in connection with the 2008 death of Maurice Davis. He was struck and killed by a stray bullet fired from Molina’s gun while he was sleeping in his apartment.
Molina is currently serving a 17 and ½ year sentence.
Chemung County District Attorney Weeden Wetmore says he does not agree with the Appellate Court’s ruling. He will appeal.
