A man who was convicted of killing an off-duty Revere cop will get a new trial because the jury that convicted him didn’t receive proper instructions — including the fact that they could consider whether the gunman was acting in self defense — the state’s Appeals Court has ruled.

Robert Iacoviello was convicted in 2010 of second degree murder for fatally shooting Officer Daniel Talbot in 2007 in a field behind Revere High School during a confrontation between off-duty police officers and a local gang, according to court documents. A unanimous Appeals Court found today that the trial judge should have given a number of instructions to the jury and ordered a new trial.

“If that evidence was believed, a reasonable juror could conclude that Talbot not only pulled out his gun, but also assumed a firing stance aiming in the direction of the Iacoviello group, and fired before he himself was shot,” Associate Justice Elspeth B. Cypher wrote.

Cypher also found that the trial judge made a mistake by declining to give the jury an instruction on voluntary manslaughter or involuntary manslaughter.

The court also overturned the accessory after the fact conviction of James Heang, who was accused of helping dispose of the gun.

Developing…