Judge Bars Retrial on Murder Charge in Ulster Case
A New York court has ruled a Lake Katrine man cannot be retried for murder after an acquittal, leaving only a weapons possession count.
Updated on Nov. 13, 2026 in Crime — General
State Supreme Court Justice Roger McDonough ruled that a Lake Katrine man cannot be retried for the murder of Bruce Swierc, after a Ulster County judge acquitted him of murder following a nine-day bench trial. The only charge the man currently faces is a weapons possession count.
Why it matters
The ruling limits prosecutors in New York's Ulster County to the remaining weapons charge unless a grand jury acts, a decision that shapes how the case proceeds for both the state and the defendant. It also highlights how a claim of ineffective counsel can reshape a criminal case after trial.
The only charge currently pending is criminal possession of a weapon, as the original indictment must be dismissed except on that count. District Attorney Emmanuel Nneji has filed a motion with the state Court of Appeals seeking permission to appeal, and he may ask a grand jury to indict on lesser homicide charges.
The players
Roger McDonough
A New York State Supreme Court justice who ruled that the defendant cannot be retried for murder.
Emmanuel Nneji
The Ulster County District Attorney who is seeking to appeal the ruling and may pursue lesser homicide charges.
Bryan Rounds
The Ulster County judge who acquitted the defendant of murder and convicted him of manslaughter and weapons possession.
The details
The shooting of Bruce Swierc occurred in the town of Ulster during a night of partying at a family home. Prosecutors said the shooting followed an email Swierc sent to a friend that evening, while the defense argued the man was not guilty by reason of mental disease or defect after drinking and using alprazolam.
Timeline
Sept. 29, 2021: Bruce Swierc was shot and killed in the town of Ulster.
May 10, 2023: Ulster County Judge Bryan Rounds convicted the defendant of first-degree manslaughter and weapons possession.
September (prior year): An appellate court unanimously upheld a new-trial ruling based on ineffective assistance.
Nov. 10, 2026: Justice Roger McDonough ruled that a retrial on the murder charge is barred.
Legal Context
The ruling applies the double jeopardy protection that bars retrial after an acquittal, while a separate appellate finding on ineffective counsel led to the new trial that produced this outcome. Such cases show how post-trial claims about defense representation can reopen or reshape a criminal prosecution in New York.
Residents of Ulster County will see the case proceed only on the weapons possession count unless prosecutors secure an indictment on lesser homicide charges. The outcome shows that a murder acquittal can be final even when related charges remain open.
The takeaway
A court acquittal on a serious charge can limit what prosecutors may pursue next, so the remaining charges and any appeal will determine the case's final shape.
What happens next
District Attorney Emmanuel Nneji has filed a motion with the state Court of Appeals seeking permission to appeal the appellate ruling, and a decision on that request is pending.
Further reading
Explore more on Crime — General for related court and prosecution developments.
Source note: This article includes information reported by Daily Freeman.
