Court says Gwinnett man cannot be retried for killing
The Georgia Supreme Court on Monday ruled that prosecutors cannot retry Christopher Roesser on charges he killed a man in what Roesser said was an act of self defense.
Because of the ruling, Roesser, who has been imprisoned for five years, should soon be a free man.
“I am extremely pleased” with the ruling, Roesser’s lawyer, Brian Steel, said. “I look forward to Mr. Roesser leading a productive, happy, lawful life that benefits our community.”
In 2008, Roesser was convicted and sentenced to life in prison for the murder of Keith Price, who died Dec. 20, 2006, of a gunshot wound to his chest. But that conviction was overturned by the trial judge on grounds an improper jury instruction had been provided to jurors.
In the 2011 retrial, a jury acquitted Roesser of murder and other charges but could not reach a verdict as to whether he was guilty of voluntary manslaughter. The trial judge then ruled Roesser could be retried on the manslaughter charge.
But the state Supreme Court, in a unanimous decision, ruled that such a retrial is prohibited because it would constitute double jeopardy.
Authorities said Roesser killed Price during a dispute over the cost of a marijuana transaction. During his retrial, Roesser testified that he met Price to buy a PlayStation 3 video game for his 8-year-old son. When entered a car to buy the video game, Price grabbed him by the collar, put a gun to his forehead and demanded his money, Roesser testified.
Roesser said he put $2,000 on the car seat and then opened the door trying to escape. He testified he fired a shot at Price when Price reached around to grab him again.
About the Author
Bill Rankin has been an AJC reporter for more than 30 years. His father, Jim Rankin, worked as an editor for the newspaper for 26 years, retiring in 1986. Bill has primarily covered the state’s court system, doing all he can do to keep the scales of justice on an even keel. Since 2015, he has been the host of the newspaper’s Breakdown podcast.
