It appears Ian C. Brenner will be returning to York County for a re-trial of his 2005 murder case.
Brenner, now 32, was convicted in 2006 of shooting and killing Anna Witter, 46, an innocent bystander, as he tried to kill another man. He was sentenced to life without parole plus five to 10 years.
Witter, who was the diminutive clerk at the York city Rite-Aid, was shot once in the chest as she and her friends scrambled into a home in the 100 block of South Duke Street.
According to trial testimony, Brenner’s intended target was Jeffrey “Supreme” Mable, a rival gang member who was standing on the sidewalk two homes away from where Witter was seated.
Two other men, Alfonzo King Sr. and Anthony Zawadzinski, also were hit by Brenner’s stray bullets, King in the left arm, and Zawadzinski in the leg. Neither man could identify the shooter at trial.
In May, the state Superior Court reversed Brenner’s conviction and remanded his case back here for a new trial.
The Superior Court determined Brenner’s trial counsel had been ineffective.
The court noted that at a post-conviction hearing in York County, defense attorney Mark Keenheel had testified that that his failure to call character witnesses in Brenner’s behalf “was a mistake, plain and simple.”
The York County District Attorney’s Office appealed that decision to the Supreme Court, which affirmed the lower court’s decision on Wednesday.