Tracy LaShawn Smith was indicted in September of 2011 along with two co-defendants for the murder of Jerome Walden.
Smith went to court in December of that year and was convicted of aggravated assault and aggravated battery. The jury was hung on the murder charge that was brought before them.
Dougherty County prosecutors want to retry the case but Smith claims that would violate his constitutional right against double jeopardy, and now the case is set to be heard by the Georgia Supreme Court next week.
It has been sixteen months since the crime but the family says they are still not at peace with what happened.
Walden's niece, Wanda Rivers, says she believes her family deserves justice so they can move on.
The case will be heard by the Georgia Supreme Court next Tuesday, January 8th.
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