Court tosses fatal hit & run conviction

COLUMBUS, Ohio (AP) - The Ohio Supreme Court has upheld an appeals court ruling overturning the conviction of a Columbus woman now serving time for her role in a fatal hit-and-run in a mall parking lot.

The court ruled 4-3 Thursday that 27-year-old Toneisha Gunnell's 2009 retrial and conviction on charges of murder and other offenses violated her constitutional right against double jeopardy. The ruling says a Clark County judge improperly declared a mistrial in Gunnell's previous trial on the same charges.

Gunnell and three other women were tried in the 2005 death of 49-year-old John Deselem. Prosecutors say the women shoplifted clothes at a Springfield mall and struck and killed Deselem as they fled.

Gunnell's attorney says he hopes to get Gunnell released Thursday or Friday.

Clark County's prosecutor didn't immediately return calls.