Now for the question, "will he be retried under the Old AZ Self Defense Statute or under the New AZ Self Defense Statute?". As I read the report the difference is in who has to prove it was SD, or not. Also, the testimony that might be added about the victim's propensity for violence may swing the whole issue to the point that the Prosecutor may just drop it all.
BTW, Does Arizona have a statute similar to Washington's that provides for the State to reimburse a Defendant if he is prosecuted and found not guilty by reason of Self Defense? If so, it might well play on the decision to refile charges.
All that said, and if Mr. Fish is exonerated, who will replace the 5 years he has spent in Jail?