DODGE CITY, Kansas (KSN) -- A former Dodge City police officer will receive a new trial on charges that he shot and killed his ex-girlfriend. Christopher Tahah was convicted of felony murder, for the May 4, 2007 shooting death of Erin Jones.
Tahah admitted he went to her home to kill her in a jealous rage but claims he reconsidered at the last minute before his rifle went off accidentally.
The Kansas Supreme Court ruled Friday that the jury should have been told to consider lesser offenses including second degree murder and involuntary manslaughter.
They based their decision off of a July Kansas Supreme Court ruling that now forces prosecutors in felony murder cases to allow the jury to consider lesser offenses in deliberations.
"That means even though the theory is felony murder, if there's evidence to suggest a lesser degree of homicide than the jury must consider that lesser crime," said KSN legal analyst Dan Monnat.
The case now goes back to the Ford County Attorney. No word yet from his office on when they will schedule a new trial for Tahah.
