(WJBK) - The attorney for Starr Holmes says she never should have been charged in a case of obvious self-defense to begin with.
Holmes, 25, had her decision overturned by a judge in the fatal shooting of her ex-boyfriend
"She never should've walked through the door to begin with, but she definitely walks out," said Lillian Diallo, Holmes' attorney. "The prosecutor's office has an obligation to do justice and not facilitate convictions."
Holmes was charged with second degree murder back in March. Prosecutors say Holmes and her ex-boyfriend, 31-year-old Pap Jenkins began arguing outside a Marathon station on Detroit's west side.
"He said I'll meet you at this gas station and give her, her key back," Diallo said. "What does he do, he turns the car off, she leaves the gas station, he stalks the gas station and waits for her to come back."
During the argument, Holmes, who was a CPL holder, pulled out her gun and shot Jenkins.
At the time of her trial, the assistant prosecutor said she did not believe that Jenkins was strangling Holmes.
"At that moment she chose to shoot him deadly," said the prosecutor.
After hearing testimony from a witness Judge Deborah Langston dismissed the charges a month later and ruled self-defense.
But prosecutors appealed that ruling and Holmes was back in court Tuesday charged with second degree murder and facing up to life in prison, again.
"You would understand that a man attacking a woman and she shoots him one time, that's justified," Diallo said. "The prosecutor's office know this but we are back and we have to go through this again?"
Diallo is preparing to have that witness testify again and says they may have to go to trial.
"We will fight, we will fight them tooth and nail," Diallo said. "You cannot put your hands on someone and get a free pass."
Right now Holmes remains out on bond, wearing a GPS tether. A hearing is scheduled for the morning of Jan. 30.