Carroll prosecutors said they will retry Timothy Cumberland, 25, of Reisterstown, whose first-degree murder conviction in the slaying of a Westminster man was overturned last week by the Court of Special Appeals.
In a one-page letter, State's Attorney Jerry F. Barnes notified the Carroll Circuit Court late Monday that he will seek to retry Mr. Cumberland in the Jan. 28, 1993, shooting death of Gregory Lamont Howard on South Center Street in Westminster.
The prosecutor also sought to keep Mr. Cumberland behind bars, asking the court to hold him without bail pending the new trial.
The state's second-highest court said in reversing Mr. Cumberland's 1994 conviction that Judge Raymond E. Beck Sr. gave the jury in Mr. Cumberland's case an inappropriate answer to a question the panel asked during deliberations.
The court said Judge Beck's answer to a question about the meaning of intent in first-degree murder was misleading and confusing.
Mr. Cumberland was the only one of the three men charged in Mr. Howard's death to be convicted of first-degree murder, even though he didn't fire the fatal blast, drive the getaway car or own the murder weapon. Mr. Cumberland was in a car with a woman and two men when Mr. Howard was shot beside the vehicle in a soured drug deal.
He was sentenced to 40 years in prison.
Two co-defendants pleaded guilty to second-degree murder and received sentences of 30 years and 10 years.
No date has been set for Mr. Cumberland's retrial.