WEST PALM BEACH, Fla. — A retired Palm Beach County Sheriff's Office deputy who shot and killed his estranged son-in-law is asking to be released from jail while he appeals his conviction.
Carlton Nebergall is seeking an appellate bond while he awaits a decision by the Fourth District Court of Appeal.
Defense attorney Michael Salnick wrote in his motion seeking bond that his client had never been convicted of any crime in his life prior to this and is in poor health.
Nebergall, who has been in jail since his arrest, had been charged with first-degree murder, but jurors convicted him on a lesser charge during his second trial.
A mistrial was declared in Nebergall's first trial last year because a juror was caught using a cellphone while Salnick was making his closing arguments.
Salnick argued during trial that Nebergall shot Lodge in self-defense.
During an appellate bond hearing Thursday afternoon, Judge Jeffrey Gillen said he will issue a written order on the matter at a later date.
"I'll do it as quickly as I can, but realistically, folks, it will not likely get out before Thanksgiving week," Gillen said, adding that his decision could come no sooner than the Friday after Thanksgiving.