Updated

Opening statements are set to begin Wednesday in the retrial of a former New Orleans policeman who shot and killed a man four days after Hurricane Katrina.

David Warren is charged with violating 31-year-old Henry Glover's civil rights and with using a weapon in a violent crime.

Warren was guarding a police substation from a second-floor balcony when he shot Glover in 2005. He testified that he thought Glover had a gun. He was convicted of manslaughter in 2010, but a federal appeals court overturned the conviction.

The court ruled he should have been tried separately from officers charged in a cover-up designed to make Glover's shooting appear justified.