May 1, 2013 5:31 PM by Katherine Worsham, KSBY News

Judge orders retrial in prison guard shooting

A judge Wednesday ordered a new trial for Timothy McNally, a former Lompoc prison guard charged with the shooting death of another prison guard at a Lompoc motel in 2012.

In April, a mistrial was declared in McNally's case after the jury was unable to reach a verdict.

"Both of us were surprised," said Michael Scott, McNally's attorney. "Not for the decision to retry to the case, but that they couldn't come up with a reasonable offer given the jury's position during the first trial, and there was a pretty clean split, but here were seven that said no, this isn't murder. That was my feeling all along, so we will try it again and we will get the same result and the taxpayers will fit the bill."

McNally has said the shooting was an accident, but the prosecution says evidence shows it was murder.

The new trial is set to begin in late May.

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