JACKSON MI. (WILX) - A Jackson teenager who shot and killed his brother will be re-sentenced.
Riley Spitler's murder conviction was overturned. The Michigan Court of Appeals overturned his second degree murder conviction twice.
Spitler was found guilty in 20-14 for the shooting death of his older brother Patrick.
Riley was 16 at the time of the shooting and has always claimed it was an accident.
The Appeals Court says the judge made a mistake because testimony was allowed about what the victim had said about his brother.
The State Supreme Court would not review the Appeals court ruling. Jackson County prosecutors were then faced with the decision of whether to re-sentence Spitler on a lesser charge of manslaughter or take the case to trial again.
On Tuesday, prosecutors decided to re-sentence Spitler.
Court records show he will be re-sentenced on one count of manslaughter. He faces up to 15 years in prison.
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