The Kansas Court of Appeals Friday has reversed the conviction and sentence for a Wichita man convicted of second degree intentional murder for the death of Kenneth White back on September 1, 2008. The victim was found shot to death with two wounds, one to the leg, then the fatal shot to the head. His body was found after his brothers girlfriend became concerned because he didn’t answer his phone.

32-year-old Felton Williams Jr., along with Aubrey Oliver and Ronald Beard were stopped by Oklahoma Highway Patrol Troopers three times the day of the murder. The third time led to a search of the vehicle because of a possible open container.

During that search, they found a weapon that belonged to White in the glove box of the vehicle, that being a Hi-Point 9 mm, pistol that had been reported stolen from the victims west side Hutchinson home. That sent two detectives to Oklahoma where Williams was interviewed and allegedly admitted to the killing. He was convicted and sentenced to 20-years in prison.

Williams appealed saying the search of his vehicle by the Oklahoma troopers was illegal. He also sought to suppress his confession saying it was not made voluntarily, but the District Court denied the motions. They used Oklahoma law to determine of there was probable cause based on the fact that the troopers stated they could smell alcohol, Williams admitted that he had drank that day, his demeanor and body language, his bizarre behavior on the highway, not knowing where he was going. He had also been stopped two other times that day, once for speeding and again for no seat-belt and running a stop sign.

There’s some question on whether Williams granted consent to search. District Attorney Keith Schroeder told Judge Richard Rome that as a matter of law, the officers had probable cause and didn’t need consent, but Schroeder in his appeal argument abandoned the notion that Williams had given consent, instead relied on the argument that the troopers had probable cause. But, the court ruled the mere smell of alcohol did give them probable cause, therefore, all evidence seized as a result of that search should not have been allowed at trial. They ordered the case back to District Court for a new trial.

But, even with the ruling, District Attorney Keith Schroeder didn’t seemed to concerned at this point and made it clear he would ask for a review of the appeals court decision to the Kansas Supreme Court.

Oliver entered a plea in the case and is serving 11-years in prison, while Beard was found not guilty by a Reno County jury after spending two years in the county jail awaiting trial.