Oct 23, 2013 at 6:29 am
The North Dakota Supreme Court has ordered a new trial for a Grand Forks man accused of trying to kill his roommate.
Travis Samshal was convicted in November of reckless endangerment and appealed.
He was accused of firing a hunting rifle at Leo Franco on Dec. 14, 2011. Samshal testified that he was afraid for his safety and that Franco had made unwanted sexual advances, which Franco denied.
Samshal also said he was only trying to scare Franco and deliberately missed when he pulled the trigger.
The Supreme Court issued an opinion Tuesday reversing the reckless endangerment conviction and ordering a new trial. The Court says the judge in the trial made an error by not allowing evidence regarding threatening statements Franco allegedly made to Samshal.