TOPEKA, Kan. - A Wellsville man who was sentenced to 10 years in prison for a fatal traffic accident will get a new trial. A panel of the Kansas Court of Appeals on Friday reversed Roger Shaw's 2009 conviction for involuntary manslaughter while driving under the influence. The accident near Wellsville killed 21-year-old Aaron Kichler of Wellsville.
The appeals court sent the case back to Franklin County for a new trial, ruling that state did not prove that Shaw was trying to flee when he hit Kichler. That was one of three claims necessary for a conviction. The Lawrence Journal-World reports Shaw's truck turned in front of Kichler's motorcycle. Shaw's blood alcohol level was .11, above the legal limit. Court records show Shaw had three previous convictions of driving under the influence.