ALBUQUERQUE, N.M. (AP) — The man convicted of killing a decorated Army veteran at an Albuquerque ATM in 2016 will get a new trial.
The Albuquerque Journal reports that the state Court of Appeals overturned the convictions of Matthew Chavez in a ruling earlier this month. A jury found Chavez guilty in 2018 of second-degree murder and lesser charges in 24-year-old Tyler Lackey’s death. He was sentenced to more than 23 years.
The Court of Appeals found jurors should have been told they could consider a lesser charge of voluntary manslaughter. Defense attorneys say Chavez tried to rob Lackey but then shot him in self-defense after Lackey drew his own gun.