A judge in the Tenth Court of Appeals has overturned the guilty verdict in the Capital Murder case of Tyler Clay.

In 2018, A jury convicted him of soliciting a man to kill Joshua Pittman who was shot and killed at the Pick N Pay Food Mart at 504 Faulkner Lane, December 23, 2015.

Investigators say Clay wanted Pittman dead because he set up Keith Spratt to be robbed and also robbed Clay. A jury sentenced him to life in prison.

Judge John E. Neill determined the original trial judge made a mistake by disqualifying Clay’s co-counsel, Jessica Freud. Prosecutors moved to have her disqualified because Freud had previously represented David Mims, who was a potential witness in the case.

Clay appealed his conviction on 22 issues, including the question about his co-counsel.

The initial trial had first been delayed when a key witness, who was also in federal custody, was taken back by the feds as a result of a paperwork problem.

There was also a call for a mistrial after a piece of video evidence that was shown during final arguments was not redacted.

Earlier in the trial, the judge had ruled that part of the video was not to be shown.

The wrong version of the video was played the second time during the final arguments.

Before they began deliberating,  the jury had been ordered to disregard what they had seen in the video.