Published: Jul 03, 2014 4:48 PM EDT

WEST PALM BEACH, Fla. (AP) - A South Florida man who was sentenced to 40 years in prison for a fatal Christmas Eve shooting inside the Boynton Beach mall has won his appeal for a new trial.
The appellate court reversed an earlier ruling this week and granted Wilson Pierre Jr. a new trial for killing 24-year-old Berno Charlemond in 2006 while the mall was crowded with thousands of holiday shoppers. Prosecutors said the mall shooting was related to a feud between two Haitian-American gangs.
The court ruled that Pierre's attorney in an earlier appeal was ineffective, especially regarding a contradiction in the jury instructions. Pierre's second-degree murder conviction was vacated, and a new trial was ordered.
Attorney Louis Carres said Pierre will remain in custody unless a judge grants bond.

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