Court: Rochester man charged in 2021 deadly shooting cannot be retried for murder

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A state appellate court has ruled that a Rochester man who was charged in a deadly shooting from a few years ago cannot be retried for murder.

Get ready for April 8 by checking out our Total Solar Eclipse page, with everything you need to know for the big day!Willie Shipmon was previously charged with murder in the shooting death of Brandon McClary, 22, on Genesee Street in Rochester June 17, 2021. Following a mistrial in his first case, an appellate court has determined Shipmon cannot be retried for murder.

Shipmon's defense attorney, Bob Napier, says on the second day of jury deliberations, the court received a note from the jury asking for guidance. "One juror allegedly had told the rest of the jury panel that he looked up the definition of murder in the second degree, which is against the rules and against the judge's order not to look up any law," Napier explained.

Napier says the double jeopardy clause prevents Shipmon from being put on trial for the same charge twice.

 

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