Nebraska high court denies new murder trial to 2 men

Nov 15, 2013

OMAHA, Neb. (AP) — The Nebraska Supreme Court has denied new trials for two Omaha men convicted in the 2008 shooting death of another man outside an Omaha American Legion hall.

Darrin Smith and Jeremy Foster filed separate appeals seeking to have their convictions of first-degree murder, assault and weapons counts reversed and to have new, separate trials.

The two were convicted in a single trial in 2009 in the November 2008 shooting death of 25-year-old Victor Henderson, who died from a single gunshot to his neck that he received in a hail of bullets. Four others were injured in the shooting.

On Friday, the Nebraska Supreme Court affirmed their convictions, denying their assertions of various errors by the trial court and saying neither Smith nor Foster was prejudiced by their joint trial.

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