New trial in ex-football hero’s killing can’t be for murder

Joe McKnight Killed Retrial Football

FILE – In this Nov. 18, 2012 file photo, New York Jets running back Joe McKnight (25) during the fourth quarter of an NFL football game against the St. Louis Rams in St. Louis. The new trial for Ronald Gasser, convicted of manslaughter in 2018 by a jury vote of 10-2 in the 2016 shooting death of McKnight following a traffic dispute, cannot include a murder charge, a Louisiana judge ruled Wednesday, Feb. 10, 2021. The U.S. Supreme Court held that Louisiana law allowing convictions on 10-2 or 11-1 votes is unconstitutional, which resulted in Gasser being granted a new trial. (AP Photo/Tom Gannam, File)

NEW ORLEANS (AP) — A Louisiana judge says the new trial for the man convicted in the shooting death of a former NFL player cannot include a murder charge.

Ronald Gasser was tried for second-degree murder in 2018 in the shooting death of Joe McKnight following a traffic dispute.

But the jury came back with a 10-2 vote on a manslaughter conviction, The Associated Press reported.

Now, Gasser is getting a new trial because the U.S. Supreme Court said his conviction by a non-unanimous, 10-2 vote was unconstitutional.

The Times-Picayune|The New Orleans Advocate reports that a judge ruled Wednesday that Gasser’s trial cannot include a murder charge without violating the constitutional protection against double jeopardy.

Prosecutors said they would appeal the ruling, The AP reported.

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