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Wednesday, Jul 30, 2014
AP Florida

New trial for Fla. man charged in mall shooting

Published:   |   Updated: July 3, 2014 at 06:23 PM

WEST PALM BEACH, Fla. (AP) A South Florida man who was sentenced to 40 years in prison for a fatal Christmas Eve shooting inside the Boynton Beach mall has won his appeal for a new trial.

The appellate court reversed an earlier ruling this week and granted Wilson Pierre Jr. a new trial for killing 24-year-old Berno Charlemond in 2006 while the mall was crowded with thousands of holiday shoppers. Prosecutors said the mall shooting was related to a feud between two Haitian-American gangs.

The court ruled that Pierre's attorney in an earlier appeal was ineffective, especially regarding a contradiction in the jury instructions. Pierre's second-degree murder conviction was vacated, and a new trial was ordered.

Attorney Louis Carres said Pierre will remain in custody unless a judge grants bond.