A new trial or freedom has been recommended for a man convicted of depraved indifference murder and assault for killing a woman and seriously injuring her father in a drunken-driving incident.

Southern District Magistrate Judge James Francis said in Wells v. Perez, 10-cv-1107, that there was insufficient evidence presented that former nightclub promoter Neville Wells had the requisite state of mind to be convicted under New York’s depraved indifference statute.