Awaiting new trial, father's killer seeks freedom

It was a fight on a basketball court that ended in the death of a father: Trevor Dooley was convicted of shooting David James to death, but a few months ago, he won his appeal and now gets a new trial.

"Every time this happens, it rips open those old wounds and it hurts just as bad," Kanina Eurez said. She is the widow of James.

It was 2010 when Dooley and James got into an argument over a skateboarder on the basketball court. Dooley returned with a gun and shot James.

Dooley claimed self-defense and used Florida's Stand Your Ground defense, but a jury didn't buy it.

Dooley was serving eight years in prison when he won his appeal in April.  The appeals court ruled there were errors made during his sentencing, and his appellate lawyer is ineffective.

Now, Dooley wants to get out of jail while he prepares for his new trial.  But the victim's widow is fighting it.

"I feel like we still have to fight for DJ," Eurez said. "He doesn't have a voice anymore. He needs justice."

In court on Monday, Eurez spoke to the judge, urging him to deny a bondy. "If he is granted bond, he gets to go home to his family. We don't have an extra second with DJ because he's gone he took that from us and he's never shown a shed of remorse," a tearful Eurez said.

The judge is expected to rule in a day or so. Dooley's attorneys are asking for a bond set between $50,000 and $100,000.

No new trial date has been set.