Brian Gale's attorney: Gale granted new trial - WTOC-TV: Savannah, Beaufort, SC, News, Weather & Sports

Brian Gale's attorney says Gale will get new trial

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MCINTOSH CO., GA (WTOC) -

Brian Gale's attorney confirmed that Gale will get a new trial.

Gale was sentenced on Oct. 5 for the 2010 death of his teenage stepson Daniel Head.

The jury found Gale guilty of contributing to the deprivation of a minor and involuntary manslaughter. He was found not guilty of malice murder, felony murder, cruelty to children and child endangerment. He was sentenced to a total five years to serve; five years probation.

Gale testified about the trip into the swamp from which his stepson did not return. He and Daniel were going to the Buffalo Swamp on March 7, 2010, for a few hours to prepare hunting plots.

Gale said that a few hours into their hike, Daniel became fatigued and lethargic. He said those delays kept them in the swamp later and forced them to find their way back out in the dark. But Gale said Daniel lost an expensive flashlight he'd let the teen use, so seeing their GPS became more difficult.

Gale said he left the boy in order to find a way out of the swamp to find help. He claimed it took him 10 hours to find his way to the nearest home to get help for Daniel. He found friend Keith Williams at home and Williams said Gale arrived almost unrecognizable, muddy, suffering hypothermia and unable to speak.

Friends of Gale testified that he knew the Buffalo Swamp better than almost anyone. However, even the most experience outdoorsman could become lost in the dense woods, thick mud and Cypress trees.

During cross examination, prosecutors questioned whether Gale was honestly lost or delaying his return to Daniel. The state claimed Daniel's death may have been deliberate.

Judge Jay Stewart in a written ruling decided Gale will get a new trial, according to Gale's attorney.

"I thank the Lord for turning this thing around. Brian is innocent," Gale's mother Janet Gale told WTOC Monday.

Susan Bennett, the victim's mother, says she is dreading the start of a new trial.

"I just want people to remember Daniel. This isn't about someone in jail...this is about my son,' Susan Bennett said.

Gale's attorney Carlton Gibson says he has asked the judge to allow Gale to leave prison on an OR bond like he had before the trial.

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