NEW YORK (1010 WINS/WCBS 880) — The man originally convicted of killing his sleeping stepfather at his Long Island home was back in court on Friday.

Zachary Gibian was 18-years-old when he was arrested in 2005 for allegedly using a samurai sword to nearly behead his stepfather and retired police officer, Scott Nager, in Hauppauge.

Gibian was sentenced to 25 years in prison for the slaying. However, in early August of this year, Gibian had his conviction overturned because the Appellate Division of New York State Supreme Court ruled that errors were made in his trial.

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

Gibian, now 23-years-old, was in court Friday for the first time since the overturned conviction and looked much different than he did in 2006. He was much taller and gained weight. He stood in front of the judge stone-faced and in a green jumpsuit, WCBS 880’s Sophia Hall reported.

LISTEN: WCBS 880 Reporter Sophia Hall talks with the laywers.

His attorney Bill Keahon, said his client once again had a “chance at life.”

“He was in tears a little bit in back,” Keahon said adding that Gibian was “very thankful for the process.”

A judge ordered that Gibian would stay in jail without bail. It is still not clear if Gibian will be tried again, 1010 WINS’ Mona Rivera reported.

Prosecutors are appealing the overturned conviction and vowed not to let him go free.

“The proof still exists through testimony and through forensic science to convict Zachary Gibian of this again,” prosecutor John Scott Prudenti said.

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