He was convicted of first degree murder in 2007 after a jury found him guilty of shooting and killing his roommate. Now, almost two years after the initial conviction, Leo Dorbad is getting a new trial.

Prosecutors say Leo Dorbad is a killer and intentionally shot his roommate, 28 year-old Dawn Luciano. The defense says it was an accident. A jury once convicted Dorbad of the crime, but one piece of evidence that was entered into this case shouldn't have been according to the First District Court of Appeals - so a new trial was granted.

"The case was appealed by the defendant since he's been in prison. The first district court of appeals reversed the conviction based on a piece of evidence that was introduced during the original trial," says Spencer Mann with the State Attorney's Office.

Mann says he can't elaborate on what that evidence was since a new trial is underway. The trial is supposed to last through the week. Witnesses and experts that took the stand previously are expected to testify again. If convicted, Dorbad could face life in prison.