Judge: Shayna Hubers to get new trial

Posted at 12:39 PM, Aug 25, 2016
and last updated 2016-08-25 15:49:13-04

NEWPORT, Ky. -- Shayna Hubers will get a new trial, a judge decided Thursday.

Hubers admitted to police she shot Ryan Poston six times in his Highland Heights condominium in 2012; she was found guilty of murder in April 2015 after a two-week trial and sentenced in August to 40 years in prison.

One of the jurors on the case was a convicted felon, but officials didn't discover that until after the trial.

David Craig, juror No. 483, pleaded guilty in 1992 to falling behind in child support, making him a felon under Kentucky law.

In court this week, Craig said he didn't remember pleading guilty to the felony and doesn't believe he is a convicted felon.

One of Hubers' attorneys, who was hired after the original trial, recognized Craig because she represented him in another case. They argued that the conviction means Craig was not legally qualified to serve on a jury.

Campbell County Commonwealth's Attorney Michelle Snodgrass argued that, since Craig apparently didn't know he was a convicted felony, there could have been no bias in the Hubers trial.

Judge Fred Stine ruled for Hubers' defense team, finding that Hubers was entitled to a new trial because Craig was disqualified from jury service.

The Poston and Carter families issued a statement saying they hold no ill will toward Craig.

"We know he honestly believed he was doing his best to serve his community," the families wrote. "While we are disappointed that we must once again face a trial, we know there is no new exculpatory evidence nor testimony and Shayna Hubers is just as guilty today as the night she murdered our beloved Ryan. If we must endure another trial we do so with absolute confidence that justice shall again be served."

A status hearing has been set for Oct. 7.