An appeals court has overturned third-degree murder convictions of a man accused of striking and killing a woman and three young children while street racing in Philadelphia.
According to The Philadelphia Inquirer, the Pennsylvania Superior Court ruled Friday that Khusen Akhmedov lacked the “sustained and purposeful recklessness” to support the convictions.
The three-judge panel said the July 2013 crash occurred at the crest of a hill and in the dark, making it difficult for him to see Samara Banks, 27, and her children.
The 27 year old defendant, who had been sentenced to 17 to 34 years, now faces resentencing on lesser counts including vehicular homicide, involuntary manslaughter, and reckless endangerment.
Prosecutors declined comment on whether an appeal was planned.
Defense attorney Michael Diamondstein called the case “a horrible tragedy.”
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