ALBUQUERQUE, N.M. (KRQE) – The murder charge has been reinstated against an Uber driver who shot and killed a passenger. An appeals court overturned an earlier decision to dismiss the second-degree murder charge against Clayton Benedict.

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On St. Patrick’s day in 2019, Benedict killed James Porter on I-25 near Montano after an argument over a cleaning fee. Benedict claimed self-defense and a district judge ruled there wasn’t enough evidence to support the murder charge.

Monday the appellate court disagreed, ruling there is evidence supporting the state’s claim that lethal force would not have been necessary for someone in Benedict’s position.