Reporting by: Dennis Byron

UPDATE: In a very surprising turn of events, the judge who presided over the trial of former rapper Yung Vito has made an about-face decision and has rescinded his earlier order granting the rapper a new trial in the death of Mario Hamilton known in the rap community as Slim Dunkin. Judge Craig Schwall has in fact revoked his previous ruling in granting Vinson Hardimon a new trial. Court officials are telling us that the judge accidentally signed the order and his intention was never to afford the rapper a new trial as was previously written in the order we exclusively obtained here.

When the family of Mario Hamilton learned of the court’s earlier decision they were outraged as they expressed to us that they were never aware of such a ruling until they read about it on Hiphopenquirer.com. A hearing is scheduled for next Monday where Vinson Hardimon’s attorney will argue that his sentence should in fact be reduced because of trial court error.

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After giving Vinson Hardimon a 25 year sentence for Aggravated Assault and weapons possession that resulted in the death of Mario Hamilton professionally known as Slim Dunkin, a Fulton County Superior Court judge has decided that Hardimon deserves a new trial and has tossed out the sentence of 25 years he previously imposed on him. Hip Hop Enquirer has been providing gavel to gavel coverage of the trial and all the subsequent hearings leading up to the judge’s decision on ordering a new trial.

The sentence of 25 years was a shock to many who have followed the case that resulted from an altercation which occurred at an Atlanta recording studio that was sparked by a disagreement over a piece of candy. Check out trial footage of Vinson Hardimon telling the jury how and why he shot rapper Slim Dunkin:

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The case reached national headlines because of the circumstances on how everything unfolded the night of the shooting and because of the high-profile names that were linked to both Hamilton and Hardimon. Many supporters of both Hardimon and Hamilton took to youtube to express their displeasure at the outcome of the trial and while we don’t know what impact the several million youtube views had on the court’s decision, one thing was for sure many were very vocal about what statement Judge Schwall made prior to sentencing. Watch the video below:

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Slim Dunkin was the protégé of Atlanta rapper Waka Flocka who was at the recording studio on December 16th 2011 to attend a video shoot for rapper Gucci Mane.

According to court documents, witness testimony and police reports, Hardimon and Hamilton were engaged in a physical altercation when Hardimon pulled out a handgun and shot Hamilton in the stomach, killing him with a single shot. During the trial Hardimon took the stand in his own defense and testified that he was in fear of his life because he believed Hamilton had a gun however no gun was found at the crime scene.

The presiding judge in the case cited in his ruling that it was not possible according to the law for Hardimon to be Acquitted of the serious charges of murder and manslaughter and be found guilty of the lessor counts because they are mutually exclusive offenses of the major charges. Click here to read the official court’s decision.

HHE’s spoke exclusively with Hardimon’s attorney Ashleigh Merchant about what this decision meant for her client and she stated the following;

HHE: Obviously you have to feel elated about the outcome of the court’s decision? AM: We are pretty excited now and we are trying to figure out what to do next?

HHE: Motion for a bond? Perhaps plea-bargaining to get your client out on time served? You have several options here. AM: No, I am actually looking further than that. I am looking to perhaps file a motion to bar a retrial based on double jeopardy. Georgia has a much stronger double jeopardy statute then the federal constitution does. However, before that even happens, the State is probably going to appeal the judge’s decision. HHE: What is the likelihood that prosecutors would be willing to go through a long trial and bring all the witnesses in who testified against your client and risk an acquittal on the aggravated assault and weapons possession charge based on how the first jury found him not guilty on the serious charge of murder? AM: If this were any other jurisdiction, I would say we would have a shot but because this is Fulton County, they are pretty stubborn and they have a tendency to re-try cases. Check out footage of Attorney Merchant arguing Hardimon’s case to the court.

Our sources are reporting that Hardimon is receiving death threats while he is in the Fulton County jail and there are rumors that a contract has placed on him for killing rapper Slim Dunkin.

Click here to download the court’s order.

Follow us on twitter@hiphopenquirer for the latest updates of this case as it continues to unfold.

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