24 year-old BDF Private Paulino Assi, who killed a man in a hurricane shelter, was able to successfully appeal his manslaughter conviction today.

His 10 year sentence was set aside and a retrial was ordered by the Court of Appeal.

Assi's attorney, Simeon Sampson, successfully argued that he was not given a fair trial in February 2011.

First, It was determined that the trial judge did not adequately direct the jury to consider his good character.

Also, the court found that the trial judge improperly directed the jury on the BDF's rules of engagement with civilians.

After considering the input of the Director of Public Prosecution on Sampson's submissions, the Appeals Court allowed Assi's appeal, set aside his conviction and 10 year sentence, and ordered a retrial.

He was also granted bail of $6,000 plus two sureties; up until this evening arrangements were being made so that he could meet bail.

In November of 2008, Assi shot George Kenny Cortez, a 21 year-old Douglas village resident who died the next day.

Cortez and families from the surrounding area were forced to move into the San Pablo Community Center because of severe floods.

Assi was stationed at the center to keep the peace. It was reported that Cortez was behaving drunk and disorderly, and that's when Assi and another soldier intervened. They claimed that they tried to calm him down, and that's when the unarmed Cortez started advancing on them.