Costa Rica appeals court orders new trial for security guard who killed U.S. teen

16-year-old Justin Johnson was tragically killed by a hotel security guard while he was studying abroad in Costa Rica in June 2011 (read his story here.) The security guard, Jorge Guervara, has recently won the right to a new trial even though the criminal court last fall issued him a 15-year prison sentence and a $650,000 fine, reported the Tico Times.

‘A Sentencing Appeals Court in San Ramón, Alajuela, northwest of the capital, ruled in favor of an appeal filed by Guevara’s attorney that claimed “the original trial court did not establish Guevara’s intent to kill Johnston,”’ the article reported.

"The court's ruling overturned the previous sentence and now a new trial is scheduled for September 16-27," judicial branch spokeswoman Teresita Arana said.

Jorge Guervara stated at the trial that he fired a warning shot before firing again at the teenagers who were running into the hotel. The second shot fatally wounded Justin. According to Justin’s parents, Justin’s classmate who was with him at the time of his injury said that there was no warning shot.

“Devastating, we received the news of Guevara being granted a new trial from the appeals court on Justin’s birthday. We were actually at the cemetery,” John Johnston, Justin's father, told a local Fox News affiliate in McLouth, Kansas, as reported by the article. “It’s possible that pressure measures related to the death of our son could be portrayed negatively related to the tourism within Costa Rica,” he said. “We’re very concerned that the process may not be above board.”

Justin’s family told Fox News that they have spent more than $100,000 on both U.S. and Costa Rican attorneys. They now must return to Costa Rica next month to participate in the new trial over their son’s death. “The cost of justice won’t deter us,” Justin’s mother Wendi said.

His parents stated that before the first trial occurred, the witness statements were mistranslated and they were asked to sign documents that misstated the facts in order to have their son’s body return to the U.S.

“From the very start, we’ve been very concerned about what is happening within the country to allow things to be fair,” John Johnston said.

Read the full article here.