Attorney: Murder conviction thrown out in fatal Knox Co. rock-throwing case

By: Brian Gregory, Asst. News Director Email
By: Brian Gregory, Asst. News Director Email

KNOXVILLE, Tenn (WVLT) The Tennessee Court of Appeals has thrown out a first degree murder conviction against a man charged with throwing a rock from an Interstate 75 overpass in 2004, killing a woman, according to the man's attorney.

Attorney Russ Greene confirms that his client Alford Lee Morgan now just faces a reckless homicide conviction among other charges.

He had faced 51 years in prison on the first degree murder by destructive device conviction.

Greene says the court ruled the instruction and definition of a destructive device in Tennessee law is incorrect.

"We're thrilled by what the Court of Appeals has done," Greene said. "We think the right decision was made. We thought all along the decision on the definition of a destructive device was wrong."

Morgan now faces just 18 years in prison and must serve only 30 percent.

Barbara Weimer was killed in the May 2004 incident when a rock dropped off the Brushy Valley overpass crashed through the windshield of the minivan she was riding in and hit her.

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