A state appellate panel cleared the way Friday for former NBA star Jayson Williams to be retried on a reckless manslaughter charge stemming from the shooting death of a hired driver at his estate.

Williams, 38, had sought to avoid a second trial, contending that it would be double jeopardy. A jury has already acquitted him of three other charges stemming from the same incident, including aggravated manslaughter. In 2004, a jury was unable to reach a verdict on the charge of reckless manslaughter, which forced the judge to declare a mistrial on the charge.

The former New Jersey Nets has remained free on bail since his April 2004 conviction on four charges stemming from a failed attempted to cover up the 2002 fatal shooting. Williams' spokeswoman says he plans to appeal the ruling.

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