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New trial in HU student's death
Dominique Smith's attorney issued an appeal
Updated: Wednesday, 17 Mar 2010, 12:50 PM EDT
Published : Wednesday, 17 Mar 2010, 12:43 PM EDT
HAMPTON, Va. (WAVY) - A Hampton man will get a new trial in the accidental shooting death of an Hampton University basketball player.
Last October, Theo Smalling was shot outside Fusions nightclub off Mercury Boulevard.
Investigators say just after Smalling and two friends pulled up to the club, 21-year-old Dominique Smith "mishandled a gun" and accidentally shot Smalling in the stomach. He died a few days later.
On Monday, a judge convicted Smith of a misdemeanor gun charge. His attorney immediately filed an appeal.
On Wednesday, WAVY.com learned Smith will get a new trial, but no date has been set.
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