LUFKIN, TX (KTRE) - By Holley Nees - email
LUFKIN, Texas (KTRE) - The Angelina County District Attorney's Office will retry the case of a New Waverly man accused of murdering a Hudson man.
Timothy John Malone, 35, claims to have shot and killed Terry Adams in self-defense at a graduation party in May 2010. A jury found Malone guilty in November of aggravated assault in shooting Joel Gresham. The jury could not reach a verdict for the murder charge. The jury sentenced him to five years in prison for the assault charge.
Malone was in district court on Monday, filing paperwork to appeal the aggravated assault conviction.
Prosecutor Art Bauereiss said he will re-try the murder case. For now, Malone is set for a March 8 pre-trial hearing.