TOWN OF SHERMAN, N.Y. (WIVB) — After the case was previously tossed out, a Chautauqua County man has been re-indicted on charges that he shot and killed his neighbor while hunting.

Thomas Jadlowski, 34, was charged with Second Degree Manslaughter in the shooting death of Rosemary Billquist, 43, in Chautauqua County.

Officials say Jadlowski was hunting shortly before 5:30 p.m. on Nov. 22, when he mistook Billquist for a deer and shot her.

The Chautauqua County Sheriff’s Office says Billquist was walking her dogs behind her home in the Town of Sherman at the time.

She was shot once in the hip and died at the hospital.

Jadlowski previously pleaded not guilty to charges of Manslaughter and Hunting After Hours, which is illegal in New York state.

His defense attorney appealed to Chautauqua County Court Judge David Foley, who threw out the charges against Jadlowski due to a technicality.

Judge Foley says the Grand Jury should have been presented with the option of charging Jadlowski with the lesser charge of Criminally Negligent Homicide.

On Monday, officials in Chautauqua County announced the new two-count indictment, charging Jadlowski again with Second Degree Manslaughter and Hunting After Hours.

Chautauqua County District Attorney Patrick Swanson said “We’re pleased that this case is back in the posture it was four weeks ago and again moving forward. I want to thank all the agencies involved in re-presenting this matter.”

Jadlowski pleaded not guilty to the charges and his bail was set at $50,000. If convicted, he could spend 5-15 years in prison.

Jadlowski will be back in court on May 21.

Swanson expects Judge Foley to decide whether or not this indictment sticks shortly after that.

Jamie Billquist, Rosemary’s husband, tells News 4 he’d like to see Jadlowski do some jail time, but thinks a trial will be emotionally taxing.

“Do I really want to go through this? No not exactly, but I want to be there as a face for Rosemary,” he said.