WEBB — The murder conviction of a Rochester man who shot and killed a neighbor at his seasonal Herkimer County home has been overturned on appeal, opening the door for a new trial, according to the Supreme Court of the State of New York, Appellate Division.

The appeal was granted because the judge "refused" to inform the jury about the possibility of self-defense according to the court.

Stephen E. Swanton, 45, is accused of shooting and killing 50-year-old Scott Krempler, of Putnam County, in Swanton’s seasonal camp driveway on Dan-Bar Acres Road in the Town of Webb on Labor Day weekend in September 2020, authorities said. Swanton also shot 55-year-old William J. Robertello, of Oriskany, who survived his injury.

Authorities said the argument started at a party down the road and continued to Swanton’s property.

Swanton took his case to trial and was convicted in September 2021 of second-degree murder, first-degree assault and two counts of criminal use of a firearm. He was later sentenced to 25 years to life in state prison.

Swanton was represented at trial by defense attorney Frank Policelli, who said Judge John H. Crandall denied his efforts to argue for self-defense.

"I put in the request to charge and he denied my request," Policelli explained. "That was supposed to be my defense and I had my legs cut out from under me."

Before a jury begins deliberations, the judge charges them with all of the laws and legal arguments that are relevant to the case. Attorneys for both sides make requests of what charges to include.

Policelli said Crandall denied the request to include a charge of justification, so Policelli included that denial when he appealed Swanton's murder conviction.

The state Appellate Division agreed with Policelli's assessment. They overturned the conviction in a decision on Friday.

"We agree with defendant that County Court erred in refusing to charge the jury on the defense of justification," the Appellate Division wrote in their decision.

According to the Appellate Division, the evidence at trial showed that all three men were at a party at Krempler's home on the day of the shooting, and Krempler asked Swanton to leave after Swanton insulted another party-goer. Swanton testified at trial that Krempler and Robertello came to his home a short time later and Krempler "almost immediately" began punching Swanton.

"Defendant (Swanton) testified that he feared the first victim (Krempler) would inflict serious physical injury because the first victim was intoxicated and 'I was on the ground. He was on top of me," the Appellate Division wrote. They noted that Swanton had a legally licensed firearm and he fired nine shots, five of which hit Krempler and at least one of which hit Robertello.

"Here, viewing the evidence in the light most favorable to defendant, we conclude that a reasonable view of the evidence supports defendant's request for a justification charge," the Appellate Division wrote.

The Appellate Division said Swanton is entitled to a new trial.

Calls to the Herkimer County District Attorney's Office about the case were not immediately returned on Tuesday.