MCINTOSH CO., GA (WTOC) -
A judge will decide Tuesday whether or not Brian Gale, the man found guilty of leaving his stepson in a McIntosh County swamp, will get a new trial.
According to the vitim's family, one of the jurors was texting with the victim's brother, who was also a witness, during the trial.
According to law professors WTOC spoke with, if that is true and the defense can prove it, that is a very clear cut reason for a new trial.
Gale was found guilty of contributing to the deprivation of a minor and involuntary manslaughter in October after he got lost hunting with his stepson Daniel. Daniel was found face down and investigators say he drowned.
A judge sentenced Brian Gale to five years in prison, but if he grants a mistrial, Gale could walk away from the courthouse because he was originally on a recognizance bond.
According to a law professor WTOC spoke with, if Gale gets a new trial he will not be tried for murder because of a double jeopardy law.
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