War hero's killer back in Roseburg

ROSEBURG, Ore. -- The man who killed a Douglas County war hero in a home invasion robbery is back in the county jail after his death penalty conviction was overturned in 2011.

Jesse Fanus, now 33, was sentenced to death in May of 1999, for killing war hero Major General Marion Carl.

His death sentenced was overturned in December of 2011 by a Marion County judge.

Fanus was 18-years-old when he broke into the Carl's home on Northbank Road and killed the Marine Corps hero.

Fanus shot Marion and stole money and a vehicle from the Carl family, and was later found and arrested in southern California.

Carl was one of the nation's most highly decorated World War II heroes for shooting down two Japanese planes during the Battle of Midway, and 11 in the battle for Guadalcanal.

Fanus appealed his death penalty sentence and Marion County Judge Pamela Abernethy ruled that Fanus's attorney did not adequately represent him during the penalty phase when a jury decided he should get the death penalty.

Fanus was brought into the Douglas County Jail just after 3:00 p.m. on Tuesday.

This is a developing story, and will be updated as we get more information.