The man who shot and killed CJOH sportscaster Brian Smith could soon be granted a new trial south of the border.

Jeffrey Arenburg is in a Buffalo, N.Y. jail cell after being found guilty of assaulting a U.S. border guard in 2007.

The diagnosed paranoid schizophrenic acted as his own lawyer at trial. Now the judge may consider throwing out the verdict after his standby counsel says Arenburg was unfit to represent himself in the case.

Arenburg was not found criminally responsible for the shooting death of Smith in 1995.