Judge Cynthia Gray-Hathaway’s surprise decision last week to toss an involuntary manslaughter charge prompted prosecutors to file an emergency appeal to the state court.
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The decision came after the defense argued that prosecutors had failed to show that Weekley intentionally created a danger that caused the little girl’s death.
Weekley was charged with the felony after he led the May 2010 police raid that resulted in the shooting death of Aiyana Stanley-Jones. He also was charged with the careless discharge of a weapon, a misdemeanor.