NEW YORK (CBSNewYork) — A man convicted of killing a college football player in 2003, will remain behind bars while waiting for a new trial.

John Guica was convicted of killing 19-year-old Mark Fisher. Fisher had been shot to death in Brooklyn after a night of bar hopping.

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Guica’s mother Doreen Quinn Giuliano said she was heartbroken, and had hoped her son would be released.

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“Stunned, ya know? I’m looking for justice and I just can’t seem to get it. We want fairness, I’m very disappointed,” she said.

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An appellate court threw out Guica’s conviction earlier in February and ordered a new trial. He has already served 13 years. He’ll head back to court on May 1.