TAMPA (FOX 13) - The Tampa man who killed a father at a basketball court is being released in prison, at least temporarily, now that he's been awarded a new trial.
Now, wheelchair bound and 75-years-old, Trevor Dooley is serving eight years in prison for killing David James. during an argument in Valrico back in 2010. Dooley, 75, says it was self-defense.
It happened in front of James' daughter, who was 8-years-old.
Back in April, Dooley won an appeal to get a new trial after the court found mistakes during his sentencing. Dooley's lawyers had asked for him to be released on bail, pending that next date. Later the appeals court revised their ruling and offered Dooley a new appeal.
Just before making a ruling on bond Wednesday, Hillsborough Circuit Judge Tom Barber heard from Dooley's wife, who maintained her husband was not a flight risk.
So Judge Barber set Dooley's bond at $100,000, clearing his way for a release.
James' widow, the mother of the little girl who witnessed the killing, strongly opposed his release.
"My daughter is terrified of him being out. [It] is not fair to her, she watched this happen. Wwhen do we get justice?" asked a tearful Kanina Eurez.
Under the conditions of his bond, Dooley will not be allowed to leave his home county of Hernando unless it's for medical or legal reasons. He also won't be allowed to own a weapon or contact the victim's family.
Dooley has already served two years in prison, but will now go home and prepare for whatever legal twist comes next.