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Shayna Hubers to get new trial in boyfriend's murder

Published: Aug. 25, 2016 at 4:41 PM EDT|Updated: Aug. 26, 2016 at 2:33 AM EDT
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CAMPBELL COUNTY, KY (FOX19) - Shayna Hubers, who was found guilty of killing her on-again-off-again boyfriend, has been granted a new trial.

Campbell County Judge Fred Stine made the decision Thursday - four months after Hubers was sentenced to 40 years in jail for the murder of Ryan Poston.

After her conviction, Hubers' attorney discovered that one of the jurors didn't disclose he once had been convicted of a felony. Kentucky law states felons are not allowed to serve as jury members.

David Craig checked the box on his juror questionnaire indicating he had never been convicted of a felony. However, Craig pleaded guilty in 1992 to falling behind in child support payments.

Craig maintained he was unaware of his felony status during testimony earlier this week.

A hearing is scheduled for Oct. 7 to determine Hubers' status and next steps in the case.

In her two-week trial, Hubers told jurors she shot Poston several times in self-defense.

Poston was shot and killed inside his Highlands Heights condo in October 2012. Hubers was indicted for his murder two months later.

"I shot him probably six times. I shot him in the head. He fell onto the ground," she told police in a recorded interview after the shooting. "He was laying like this. His glasses were still on. He was twitching some more. I shot him a couple more times just to make sure he was dead."

The deceased boyfriend's father, Jay Poston also spoke out:

"The simple truth of re-trying Shayna Hubers for the murder of my son is... no new evidence has come to light, no witness has changed their testimony. This woman is as guilty today as she was the night she murdered our beautiful Ryan in cold blood," The father said. "The evidence that screamed of her guilt was overwhelming.Nothing has changed, nor has our resolve as a family and a community to do everything in our power to give Ryan the justice he rightly deserves. If Shayna Hubers wants to roll the dice again, we say have at it."

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