St. Louis, MO (KROC-AM News) - A federal appeals court has ruled in favor of a Rochester man who is now serving a 10-year prison sentence for an arson conviction stemming from the rioting in Minneapolis that followed the death of George Floyd in 2020.

Twenty-eight-year-old Montez Lee admitted to the arson charge two years ago. He was accused of breaking into a Minneapolis pawn shop on May 28, 2020, and setting the building on fire. According to his plea agreement, security camera recordings show Lee pouring fire accelerant inside the business and then igniting it.

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The evidence in the case included a cell phone video recorded in front of the targeted business that showed Lee saying, “(expletive) this place. We’re going to burn this (expletive) down.”

The resulting fire destroyed the building and claimed the life of a Burnsville man. Federal prosecutors say the body of 30-year-old Oscar Stewart was found in the rubble two months later. The Hennepin County Medical Examiner determined his death was the result of “probable inhalation of byproducts of combustion and thermal injury from an intentional building fire” and ruled it a homicide.

READ MORE: Rochester Man Sentenced For Torching Minneapolis Pawnshop

 

A ruling issued earlier this month by the 8th U.S. Circuit Court of Appeals says Lee filed a motion to vacate his sentence the year after it was imposed. He argued that he received ineffective assistance of counsel because his defense attorney had agreed to an enhanced sentence without his consent.

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The district court judge presiding over the case denied the appeal, ruling it had been filed too late. The appeals court ruling states that the judge’s decision was an error and has reinstated Lee’s appeal of his sentence.

The case has now been sent back to the federal courts in Minnesota for reconsideration.

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