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Prosecutors to retry Shepherd

BY LOGAN G. CARVER
Wednesday, November 18, 2009
Story last updated at 11/18/2009 - 9:09 pm

Kayla Smith sobbed as her brother was escorted back to jail for choking her son, even though a jury on Wednesday gave him probation.

She said it was time for her family to start the healing process, but now they might go through a second trial.

Allan Shepherd pleaded guilty Monday to choking and seriously injuring his nephew in November 2007 and elected to have a jury decide his punishment.

A second count of the indictment claims he choked Smith. Prosecutors said they now want to try him on those charges.

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