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Attempted murder conviction tossed over jury instructions

November 22, 2018

MILLVILLE, N.J. (AP) — A New Jersey appellate court has overturned a man’s attempted murder conviction because the trial judge gave jurors faulty and potentially confusing instructions.

Richard Harold was convicted of firing multiple shots at a man in a Millville apartment parking lot in 2014. He received a 45-year sentence.

Prosecutors say a confidential informant identified Harold as the gunman. Police later found a handgun in Harold’s home that matched shell casings found at the scene, along with a shirt similar to the one the shooter wore.

Officers went to Harold’s home three days after the shooting and made eye contact with him, but never identified themselves before he drove off.

The trial judge told jurors they should consider Harold leaving the scene as him fleeing police. But the appellate panel found there wasn’t evidence Harold knew the investigators were undercover officers.

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