ORANGE CITY, Iowa (AP) — An Iowa man convicted of killing a man in rural Sioux County will get a new trial because of a mistake made during jury selection during his first trial, a judge has ruled.
District Judge Jeffrey Neary ruled Wednesday Gregg Winterfeld, 71, of Spirit Lake, should get a new trial because he and his lawyer did not get enough peremptory strikes of potential jurors, The Sioux City Journal reported.
Winterfeld was charged with first-degree murder for the May 9, 2020, shooting death of Grant Wilson at a rural Sioux County home. He was convicted of second-degree murder.
Neary last month delayed Winterfeld’s sentencing after realizing that prosecutors and the defense attorney were given six peremptory strikes of potential jurors rather than the 10 required by Iowa law in trials for Class A felonies such as first-degree murder.
Trials involving all other felony charges allow six peremptory strikes.
District Judge Patrick Tott, the case’s initial presiding judge, in November filed an order after a pretrial conference in which he outlined a 26-member jury pool from which each side would strike six people, leaving 12 jurors and two alternates.