LUMBERLAND, N.Y. (AP) — A Long Island man facing assault and reckless endangerment charges for shooting another hunter is getting a retrial.

A judge declared a mistrial in the case of Robert Robar. Authorities had charged the 53-year-old bus driver from Valley Stream after the November shooting of another hunter.

Robar told police he accidentally shot the man because he thought he was a deer but then rushed him to a hospital after hearing him scream.

The judge declared the mistrial on Thursday. He said Robar wasn’t getting the chance to have a jury of his peers because six hunters had been excluded from the panel. The case is expected to be re-heard starting Oct. 25.

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