NEW YORK (1010 WINS/AP) — An appeals court has ordered a new trial for a man convicted of killing his stepfather with a sword.

Zachary Gibian was convicted in 2006 of using a samurai sword to kill his stepfather and retired police officer, Scott Nager, in his Hauppauge home. Nager was nearly beheaded in the attack, 1010 WINS’ Mona Rivera reports.

Gibian is currently serving 25 years to life in prison.

However, the Appellate Division of New York State Supreme Court ruled that errors were made in his trial.

The appeals court faulted the trial judge for not allowing testimony about statements allegedly made by Gibian’s mother.

Gibian testified that it was his mother who killed Nager after she discovered her husband sexually abusing her son. She denied the allegations.

Maurice Howard, a former colleague of Nager at the Manhattan North Task Force, says he believes Gibian is the killer and that his defense is a sham.

“I don’t believe she [Gibian’s mother] did it,” Howard told Rivera, “you may hear it again, but I don’t believe she did it.”

Suffolk District Attorney Thomas Spota responded to the latest ruling saying “I believe there are significant issues that deserve to be heard by the highest court in the state. Accordingly, we will appeal this decision.”

(The Associated Press contributed to this report.)

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