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Court overrules sentence for man who shot USC student

Martha Childress, a USC student at the time, was shot in 2013 while she waited for a cab in Five Points, paralyzing her from the waist down.
Michael Juan Smith

COLUMBIA, S.C. — The South Carolina Supreme Court has unanimously overturned the attempted murder conviction of a gang member who shot and critically injured a college student. 

RELATED: Childress: "I Tried to Move My Legs and I Couldn't"

The court Wednesday ruling says Michael Juan Smith did not intend to shoot Martha Childress and can not be convicted of attempted murder. The 27-year-old Smith is now entitled to a new trial. 

Smith was originally sentenced in 2015 to 40 years in state prison for the shooting that left Childress paralyzed from the waist down. 

RELATED: Man Gets 40 Years for Shooting USC Student

During the original trial, Smith testified that he fired his gun in self-defense and intended to shoot a rival gang member when he shot Childress.

RELATED: Witness: Suspect Has No Remorse for Shooting USC Student

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