The Appellate Division has reinstated the murder indictment against the Brighton man accused of killing his former roommate.

Maxwell Wyant now faces murder in the second degree for allegedly shooting his former roommate Christopher "CJ" Schoen at a Hartfield Street home in Brighton.

According to the police report, Wyant said Schoen broke into the house and came after him. He said he shot him once, but Schoen kept coming at him so he shot him again. Wyant told police it was self defense.

He was originally charged with second degree murder before a judge reduced the charge to assault.

The Monroe County District Attorney's Office appealed the judge's decision downgrading the charge.