RICHMOND, Va. (AP) — The full Virginia Court of Appeals will reconsider a panel's reversal of a murder conviction stemming from a shooting outside a Surry County nightclub.
The attorney general's office requested the rehearing, which the court granted Tuesday.
On Feb. 25, a divided three-judge panel said Ronald Taft Davis III's acquittal on a misdemeanor charge of reckless handling of a firearm precluded his later prosecution for murder based on the same 2008 incident.
Davis was convicted of first-degree murder and attempted first-degree murder after someone fired at least 10 rounds into a parked car, killing a passenger. However, a general district court judge previously had acquitted Davis on the misdemeanor charge, saying prosecutors failed to prove Davis was the gunman. The panel said that meant Davis could not be convicted of murder.