- Associated Press - Friday, September 12, 2014

OGDEN, Utah (AP) - An appeals court has overturned the conviction of an Ogden man accused of killing a man who used a racial slur and spit on him.

A unanimous decision Thursday from the Utah Court of Appeals says the trial judge erred when he excluded some evidence in 54-year-old Robert Lee McCullar’s trial.

McCullar was convicted of first-degree murder in 2011 in the death of Filiberto Bedolla Robles.

The 49-year-old Robles was found dead in his apartment with his throat slashed in December 2009.

McCullar said he killed Robles because Robles stole his cigarette and addressed him using a racial slur, according to a recording taped by a supposed prostitute who worked for McCullar.

The case goes back to the lower court, and McCullar could get a new trial.

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