Pa. man gets new trial in neighbor's shotgun death

CHAMBERSBURG, Pa. (AP) — A central Pennsylvania man is getting a new trial after being convicted last year in the shooting death of his neighbor.

Franklin County Judge Richard Walsh says 39-year-old Chad Kirby’s attorney was ineffective at the trial that ended with a voluntary manslaughter conviction in October.

Kirby claimed he killed 35-year-old Andrew Buttermore in self-defense after the neighbor broke into Kirby’s home in August 2009.

Kirby said The two men fought on his front law before Buttermore broke into the home and Kirby shot him in the back with a shotgun.

Judge Walsh today said Kirby’s attorney should have asked the jury to consider that Kirby was protecting his property as well as himself and his two children.

Kirby had been sentenced to at least six years in prison.