A man sentenced for his part in a murder is returning to court for post-conviction relief.

Now 28-year-old Freddie Darnell Rhodes, Jr. was found guilty in the 2015 murder of Dreterrius Rodgers. Police say Rodgers, Rhodes and Deante Dalton broke into a home in Goshen in September of 2014.

A resident and her boyfriend were asleep in a basement bedroom of the home but woke up, with her boyfriend leading the men out of the room and attempting to get a gun from one of the men.

According to The Goshen News, the woman said a gun held by Rodgers went off several times during the struggle and said that Rhodes and another man fled the house. Police arrived to find Rodgers dead at the bottom of the stairs and bullet casings leading down to him.

Rhodes reportedly told police that there were four men involved and that he was the only one without a gun, but the woman claimed he did have one.

Rhodes also told police that several shots were fired, striking both men, during the physical struggle over the gun, and he said that Dalton fired rounds toward the front of the home where the woman was standing, though Dalton claims Rhodes was the one that fired shots.

Rhodes’ attorney said the ruling was unconstitutional, claiming that Rhodes did not murder or rob anybody, but according to The Goshen News, the judge stated that the act of one is the act of all.