Milwaukee man acquitted in retrial for fatal shooting

By: Associated Press//September 24, 2015//

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MILWAUKEE (AP) — A Milwaukee man has been found not guilty in a retrial after he appealed his 2011 conviction in another man’s death.

The Milwaukee Journal Sentinel reports 32-year-old Brandon Burnside was acquitted last week and ordered released from custody.

Burnside was convicted of first-degree intentional homicide at his first trial in the 2010 fatal shooting of 29-year-old Bryan Drake II. His conviction was vacated after a state appeals court ruled last year that evidence at trial shouldn’t have included statements he made to police while in custody but before being read his Miranda rights.

The statements were not confessions, and Burnside denied shooting Drake. Three witnesses said during the retrial that they saw him shoot Drake outside a tavern, but defense attorney Anthony Cotton claimed they had credibility issues.

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