DETROIT (WWJ/AP) – The Michigan appeals court has ordered a new sentencing hearing in the case of a Detroit man who chased and killed a suspected burglar.

A judge sentenced Tigh Croff to probation for voluntary manslaughter, saying Croff “felt hopeless” and was provoked by the victim, Herbert Silas. But the appeals court says the sentencing guidelines already took that into account.

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Police said Croff returned home in December 2009 to find the 53-year-old Silas and another man in his backyard on the city’s east side. Authorities said Croff chased Silas down the block, where Silas reportedly taunted Croff before he was shot.

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The Wayne County prosecutor’s office wants prison as part of Croff’s punishment.

The 33-year-old Croff already is serving a separate two-year sentence for using a gun during the incident. He’s supposed to be released in February.

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