A man convicted of murdering an army veteran during an Albuquerque ATM robbery has had his sentence overturned and is awaiting a retrial, according to a KRQE report.

Matthew Chavez was originally sentenced to 23-and-a-half years in prison after his conviction in 2006 for fatally shooting Tyler Lackey, 24, during an ATM robbery at Gibson and Yale.

However, Chavez's lawyers argued that Lackey had a firearm and Chavez may have acted in self-defense.

The appeals court reversed Chavez's conviction and ordered a new trial based on that reasoning, stating that Chavez's right to a fair trial had been denied.

“It’s hard to understand how someone who attempts to rob an innocent person at gunpoint is entitled to a self-defense instruction after the victim defends himself. This decision turns the roles of the criminal and the victim upside down,” District Attorney Raul Torrez said.

 Prosecutors did confirm during the trial that Lackey had a gun and attempted to stop the crime.