New Jersey’s highest court has ordered the parole of Sundiata Acoli, a former member of the Black Panther Party and Black Liberation Army who was convicted in the 1973 shooting death of a state trooper.

The 3-2 ruling on Tuesday overturns a decision by the State Parole Board to deny parole for Acoli – who is now 85 and suffering from dementia – his supporters say. The court wrote that the board’s denial “is not supported by substantial evidence in the record or by a reasonable weighing of the relevant factors.”

The justices said the parole board did not determine that Acoli, who was convicted of murder, was likely to commit another crime if released.

Acoli received a life sentence after being convicted in the May 2, 1973 shooting death of State Trooper Werner Foerster after being pulled over on the New Jersey Turnpike.

Since becoming eligible for parole in 1993, the parole board has denied his release eight times. His lawyers appealed his case to the state's Supreme Court, arguing he’s been a model prisoner and his health was deteriorating.

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