![items.[0].image.alt](https://ewscripps.brightspotcdn.com/dims4/default/e6e9de1/2147483647/strip/true/crop/616x347+0+77/resize/1280x720!/quality/90/?url=https%3A%2F%2Fewscripps.brightspotcdn.com%2F94%2F6e%2Ffa6922cf4d0eaebb2b22226817b6%2Fap21042690970560.jpg)
NEW ORLEANS (AP) — A Louisiana judge says the new trial for the man convicted in the shooting death of a former NFL player cannot include a murder charge.
Ronald Gasser was tried for second-degree murder in 2018 in the shooting death of Joe McKnight following a traffic dispute.
But the jury came back with a 10-2 vote on a manslaughter conviction, The Associated Press reported.
Now, Gasser is getting a new trial because the U.S. Supreme Court said his conviction by a non-unanimous, 10-2 vote was unconstitutional.
The Times-Picayune|The New Orleans Advocate reports that a judge ruled Wednesday that Gasser's trial cannot include a murder charge without violating the constitutional protection against double jeopardy.
Prosecutors said they would appeal the ruling, The AP reported.
