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.
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