ALBANY, N.Y. - A man already serving more than twenty years in state prison on attempted murder charges for shooting two people is now indicted on an upgraded murder charge after the death of one of the victims.
An official with the Albany County District Attorney's Office say this is a first for New York State.
The official tells NEWS10 ABC that 26-year old Duane Morrison was indicted on the charge earlier this week.
Morrison is currently serving up to 29-years in prison after being convicted in the June 2007 double shooting in Albany's South End.
According to the official, one of the men shot, Deontint Davis, was left in a coma and later died.
This prompted prosecutors to seek an upgraded murder charge.
Morrison is now on track to face a new trial for that murder charge in Albany County Court.
The District Attorney's office says such a move has occurred in other states in the past, but never in New York.
Back in 2007, police said Morrison was the gunman who shot two people on Third Avenue on June 10.
The next day, police reported that Morrison escaped from them after being brought in for questioning
According to reports from that night, police told NEWS10 ABC that Morrison, who was shackled by the ankles in a detective room at Albany Police's South Station, somehow pulled his restraints from the floor and walked right out of the door.
He was captured several hours later by U.S. Marshals on Hawk Street in Schenectady.
NEWS10 ABC reports from June 2007 said that two other people were also charged for their roles in the shooting.