The 5th Circuit vacated the manslaughter conviction of a former New Orleans police officer who shot a man to death in the aftermath of Hurricane Katrina.

David Warren has been serving 309 months in prison after a federal jury convicted him in 2010 of fatally shooting 31-year-old Henry Glover outside a strip mall in the New Orleans suburb of Algiers on Sept. 2, 2005.

The officer testified that he fired his gun because Glover was charging at him with what looked like a weapon, but he allegedly did not think he hit Glover. Glover's friend testified that he and others then piled Glover into a passing Chevy Malibu to get him help.