NORFOLK, Va. (WAVY) – A Sailor convicted of killing his best friend is getting a new trial.
Austin Taylor Greening was convicted of second degree murder and use of a firearm in commission of a felony for the shooting death of 22-year-old Kristopher Klubert.
During a preliminary hearing, prosecutors said Greening invited Klubert over to his apartment on Gifford Street in March 2013. According to testimony, they played video games, were drinking beer and were loading and unloading guns. One of the guns went off, killing Klubert.
Greening said the death was an accident, but prosecutors argued Greening shot Klubert in the face because of a gambling debt over the video game.
After the conviction, the defense filed a motion for a new trial based on new evidence pertaining to the autopsy. The Commonwealth’s Attorney’s Office determined there was a change in the conclusions drawn from the autopsy and the court ordered a new trial, according to Amanda Howie with the CA’s Office.
Greening will face the same charges but a new judge will hear the case.
The case is scheduled to be heard on July 16, 2014.