Katie Moore / Eyewitness News
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NEWORLEANS- A federal appeals court threw out the conviction of the former New Orleans Police Officer who admitted to shooting Henry Glover in the chaotic days after hurricane Katrina. David Warren will now be re-tried in the case.

It was news that was devastating to Glover's family.

'I miss my child. I miss him,' said Glover's mother, Edna. Glover was shot to death outside a west bank elementary school. A jury found Warren guilty of manslaughter for pulling the trigger. But now, Warren will be re-tried.

'To have to live this all over again. I don't know how we gonna hold up with it,' said Rebecca Glover, the victim's Aunt.

The 5th Circuit Court of Appeals overturned Warren's manslaughter conviction saying he didn't get a fair trial. He was tried alongside the officers accused of burning Glover's body to cover it up.

'He did nothing in connection with the destruction of the car and Mr. Glover's body. Those are the grounds that we said we should have a separate trial,' said Rick Simmons, one of Warren's attorneys.

Attorneys said they will also argue that double jeopardy will prevent the re-trial of his weapons conviction. It had added an extra ten years to his fifteen-year prison sentence.

'He can't get a fair trial here. So, we're going to move for a change of venue and we're also gonna move that he be released on bail,' said Julian Murray, another one of Warren's attorneys.

Warren has been in federal custody for two and a half years. His wife and five children said they are hopeful he will at least be released until the court orders a new trial.

'After two and a half years of waiting and praying for David, we're thrilled with the decision and it's definitely good news before Christmas for our family and we're looking forward to moving forward with this,' said Kathy Warren, Warren's Wife.

This upcoming weekend, Warren will turn 50 in prison. The news for them is a Christmas gift but for the Glover family.

'It's your worst nightmare. I can tell you that. Your worst nightmare. This is like a wound that's never gonna heal,' Glover said.

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