CHAMBERSBURG, Pa. (AP) — A central Pennsylvania man convicted in the shooting death of a neighbor will not get a new trial.
The Pennsylvania Supreme Court on Wednesday upheld a lower court’s decision to not grant a new trial for 41-year-old Chad Kirby in the August 2009 death of 35-year-old Andrew Butermore.
Kirby argued that he acted in self-defense after the neighbor broke into his Southampton Township home, but jurors convicted him of voluntary manslaughter two years ago. He was sentenced to serve six to 12 years in prison.
Kirby had argued his attorney was ineffective at trial, and in 2011 his conviction and sentence was overturned by Common Pleas Judge Richard Walsh. Superior Court reversed that decision, siding with prosecutors and reinstating the conviction in October.