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Man convicted in triple homicide gets new trial

Posted at 3:31 PM, Apr 22, 2016
and last updated 2016-04-22 19:05:51-04

A man already serving three life sentences for the shooting deaths of three Omaha men in a robbery will now get a new trial. 

Timothy Britt has maintained his innocence in the triple homicide, and his attorneys believed they'd win their appeal.

In May 2014, Britt was convicted on three counts of 1st degree murder and received three life sentences for the murders of Miguel Avalos, and his two teenage sons, Miguel Junior and Jose Avalos.

In July of 2012 prosecutors say Britt and Anthony Davis went to the Avalos home at 9th & Bancroft St. to steal drugs and money.  The father was a known drug dealer.

The Nebraska Supreme Court Unanimously agreed that statements made by Anthony Davis to other witnesses put most of the blame on Britt, and shouldn't have been allowed as evidence.

"At the time that person allegedly made those statements the person who was convicted, he had every reason in the world to blame our client to try and absolve himself of what he'd done," said Mike Wilson, Britt’s co-counsel along with Glenn Shapiro.

Means the case will go back to square one, and prosecutors will have to re-file charges.  Britt will not be released from custody.

A new trial date hasn’t been set.