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Anita McNeil passed away on Feb.2nd and was laid to rest this past weekend after a long fight with cancer and a fight for the freedom of her husband from a Georgia jail, and now her husband is due to be released on Tuesday.

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According to WRAL.com John McNeil was convicted in 2005 for shooting a man who he said threatened his son, and claim self defense in the shooting death. However, John McNeil will be released Tuesday after pleading guilty to voluntary manslaughter.

Since McNeil pleaded to a lesser charge a judge sentenced him to 20 years for manslaughter but gave him credit for seven years served and said he will serve probation following his release. McNeil is scheduled to return home on Tuesday.

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According to WRAL a Georgia judge ruled last fall that McNeil should be released because of multiple errors at trial, including that the jury was not properly instructed on a person’s right to use force to defend himself, his home or another person from violent attack.