An appeals court again has thrown out a Jackson County murder conviction in the death of a 20-year-old man who was shot by his brother.
The court says the trial judge erred by allowing some testimony about what the victim, Patrick Spitler, had told friends about his fears of Riley Spitler.
He was convicted of second-degree murder but insisted the death in 2014 was accidental and the result of gun play. Riley Spitler was 16 at the time and is serving a minimum prison sentence of 20 years.
The appeals court says Spitler, who turns 20 in July, should be sentenced for involuntary manslaughter or prosecutors can put him on trial again.
The court threw out the conviction in 2017, but the Michigan Supreme Court sent the case back for another look.
