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WHEELING, W.Va. (AP) — A judge in West Virginia has overturned last year’s second-degree murder conviction of a man after a surviving victim named someone else as the shooter.

WTOV-TV of Steubenville, Ohio, reports an Ohio County circuit judge granted a new trial for Dallas Acoff of Wheeling.

Norman Banks had been shot outside a Wheeling bar in October 2015. Earlier this year Banks testified that another man, not Acoff, was the shooter.

Banks had been at the bar with Lemroy Coleman, who was fatally shot.

Ohio County Prosecutor Scott Smith says an appeal of the ruling is planned.

Acoff’s attorney, Robert McCoid, says a jury never heard from Banks in the original trial.

Acoff remains convicted of other felony charges in the case.


Information from: WTOV-TV,