MONROE — A man convicted of murder will be given a new trial, but he will not be freed unless he can meet the $500,000 bond set this week.

Mark Stephen Thomas, 26, of 115 South Fork Road, Indian Trail, was convicted of second-degree murder on Oct. 1, 2007. Thomas was accused of killing Christopher John Brynarsky at his auto-repair shop, Union County Customs, on Oct. 11, 2006.

On Jan. 12, 2009, the N.C. Court of Appeals determined that the defense should have been allowed a peremptory challenge for a juror who contacted the District Attorney’s Office. A peremptory challenge allows an attorney to reject a juror without cause; a defendant is allowed six such challenges and Thomas’ attorney, John Painter, used only five.

When the defense learned of a juror contacting the District Attorney’s Office, Painter challenged the juror for cause, but the court determined a potential relationship was not a strong enough reason to reject the juror. Painter asked to use the defense’s final peremptory challenge, but was denied.

The Court of Appeals found that a peremptory challenge should have been allowed.

Thomas has been serving a 12- to 15-year sentence since Oct. 2, 2007. A new trial date has not been set, but Thomas received a new bond of $500,000 on Tuesday. If he posts the bond, he will be released from jail. As of Thursday afternoon, he had not posted bond.

In the 2007 trial, Thomas testified that he paid Brynarsky about $6,500 in advance and provided parts for repair on his Toyota MR2. The work was supposed to be completed in about four weeks. Thomas said he went to the shop frequently for the next 12 months before Brynarsky told Thomas on the morning of Oct. 11, 2006, that he would not work on the car anymore.

Thomas said he went to the shop to get his parts and was threatened by Brynarsky. Thomas testified that Brynarsky got a shotgun out of a tool box. Thomas testified that he took a handgun to the shop and fired two shots into the roof. Brynarsky aimed his shotgun at Thomas, Thomas said, and Thomas shot Brynarsky. During the trial he claimed self defense.