The Mississippi Supreme Court has upheld the order of a new trial for a Starkville man sentenced to 40 years on charges from a 2003 high-speed car chase.

The Court of Appeals in November ordered a new trial for David Brooks. Prosecutors asked the Supreme Court to hear the case. The Supreme Court this past week upheld the Appeals Court ruling.

Brooks was convicted in 2006 in Oktibbeha County of aggravated assault on a police officer.

Brooks allegedly tried to run down officers during the chase, which began in Starkville and continued through Mississippi State University until Brooks wrecked in Lowndes County.

The Appeals Court said jurors should have been told they could convict him of the lesser charge of reckless driving because he drove erratically trying to avoid the officers.