TEHACHAPI, Calif. -- David Bruce Rosenberg, 40, was convicted of second degree murder after accidently shooting and killing Michelle Cross in Sept. 2007.

But, just over a week ago, the murder conviction was overturned due to a pre-judicial error.

The 5th District Court of Appeals reversed the conviction because the jury was not instructed by the judge that Rosenberg could be convicted on the lesser charge of involuntary manslaughter, a charge that would dramatically reduce his current sentence of 15 years to life.

The justice's opinion explains, “The difference between other homicide offenses and involuntary manslaughter depends on whether the person was aware of the risk to human life that his or her actions created and consciously disregarded that risk.” The district attorney’s office says they do not agree with the ruling."

Lisa Green with Kern County's District Attorney's Office said they do not agree with the ruling and feel as though justice has not been served.

"I know the Deputy District Attorney who prosecuted the case, Mr. Norris, is very upset and disappointed with the ruling," said Green. "And we're considering our options as far as taking some type of appeal to the California Supreme Court."

Testimony given at the trial said Rosenberg was threatening another man about stolen property when the gun he was holding went off, shooting Cross in the arm.

Cross later died in the Walgreens parking lot where a neighbor had driven her.

The District Attorney's office has 60 days to determine if they will re-try Rosenberg.

If they don’t, the trial court will change his conviction to involuntary manslaughter and re-sentence him accordingly.

Previous Stories

Sept. 26, 2007: Man Sought In Tehachapi Murder

June 18, 2008: Man Sentenced In Second-Degree Murder Case