WICHITA, Kan. (KSNW) — A Wichita man is being granted a new trial in a first-degree felony murder case.
Christopher Kemmerly, 33, was initially convicted of the February 2019 shooting death of Justin Gaston. When Wichita Police first spoke with the media about the shooting, they said it was drug-related. The Sedgwick County District Attorney’s office said Kemmerly was convicted in November of 2019, and the case was challenged in the fall of 2020.
The Sedgwick County District Attorney, Marc Bennett, confirmed to KSN that Kemmerly will receive a new trial after the judge ordered it in March.
“The defense was granted a new trial based on the Court finding that trial counsel for the defendant’s performance at trial fell below a reasonable standard which resulted in prejudice to the defendant,” said Bennett in a statement to KSN.
Bennett said he would not discuss the case further because his office will be retrying the case.
Kemmerly is currently in the Sedgwick County jail being held on $250,000 bond.