The Georgia Supreme Court overturned Winfrey’s conviction last year after ruling the Cobb County judge improperly coerced him into taking a plea deal and accepting a 10-year prison sentence by threatening he would get more time if a jury convicted him in his court.
On Thursday, the Court of Appeals remanded the case back to Cobb County.
"Mr. Winfrey always denied being the shooter of the bus," Manny Arora, who represented Winfrey in his first trial, told Channel 2's Mike Petchenik.
The driver of the bus, Alvin Lewis is suing Winfrey, Bryan Williams and Jeffrey Williams, alleging they conspired in the shooting that caused him pain and suffering.
In a civil court filing this week, Lewis’ attorney, Jeff Gewirtz, included pieces of evidence from the criminal case that he argues point to that conspiracy.
Among the documents obtained by Petchenik are phone records that the lawsuit said shows Jeffrey Williams called Winfrey eight times in the 12 minutes leading up to the shooting.
Petchenik also obtained a jailhouse phone call referenced in the lawsuit. In it, Bryan Williams is talking to Winfrey.
“Time for you to come out here and get your money,” he can be heard telling Winfrey. “You did everything you could do, boss ... it’s eye-opening. (It's) strictly business, man.”
Emails to lawyers representing Bryan Williams and Jeffrey Williams weren’t responded to Friday.
Arora told Petchenik he doesn’t buy the conspiracy argument.
“The musician that was the intended target has never once said, 'These guys did it' or 'There was a beef,'” Arora said. “He’s actually been pretty silent on this whole issue.”
Arora said he believes the civil suit is a money grab.
“This is just a bus driver looking to get paid and they need a deep pocket, so if you connect Mr. Winfrey to other musicians or executives, that makes it a viable case for them,” he said.