A Los Angeles Superior Court judge granted a new trial for a suspect previously convicted of manslaughter for killing a homeless man on Jan. 4, 2015 in Hollywood.

Judge Douglas Sortino ruled in favor of a request for a new trial made by a defense attorney for defendant Troy McVey, 24, of Maine. McVey was convicted of fatally shooting transient Richard Miller in the 1600 block of Cahuenga Boulevard.

The shooting occurred after a dispute between the suspect and the victim, according to Greg Risling, a spokesman for the Los Angeles County District Attorney’s Office.

The motion for a new trial was granted because records about the victim’s mental health were not released during the previous trial. The victim’s and suspect’s states of mind at the time were determined to be pertinent to the case.

Charges were dropped against a second defendant, Colby Kronholm, also of Maine, who was with McVey when the shooting occurred. McVey is scheduled to return to court on Oct. 12 for a pretrial hearing.

McVey and Kronholm were arrested shortly after the incident at approximately 11:55 p.m. on Jan. 4, 2015. Authorities said the two men were walking on Cahuenga Boulevard when they encountered Miller and an argument ensued. At the time of the arrest, police described Kronholm and McVey as transients. McVey was allegedly under the influence of drugs when the shooting occurred.

McVey went on trial for murder last fall, but the the trial resulted in a hung jury, Risling said. The District Attorney’s Office re-tried McVey, and a jury in February declined to find the defendant guilty of murder, convicting him instead on one count of voluntary manslaughter with the use of a gun. The jury also found McVey guilty of felony vandalism for smashing a car window on Cahuenga Boulevard on the night of the shooting.

Risling said the vandalism conviction stands, but the District Attorney’s Office will try McVey on manslaughter charges. He remains in custody on $500,000 bail. If convicted, McVey could face up to 11 years in prison.