UTICA, N.Y. (WKTV) - A Rome man cleared of charges he killed his uncle back in 2005 will now face a second trial.

A jury convicted Ricky LaGasse of punching and leaving his uncle, 61 year-old Paul Jansen at Jansen's North Bay home in April of 2005. On Friday, a State Appellate Court in Rochester ruled there wasn't enough evidence to prove LaGasse acted with depraved indifference, the charge Oneida County Prosecutors presented to a jury.

LaGasse is now facing first degree manslaughter and being held in the Oneida County Jail.

His parents, who were in court Friday morning, are hoping he will soon be found innocent and released, adding "these last three years have been hell and we hope justice will be served this time."

State Appellate Court Chief Council Esther Cohen-Lee says the reason for the Supreme Court's decision is based on what LeGassee says he told Jansen that night, that he asked him if he wanted him to call an ambulance, and Jansen said no, he was alright. Cohen-Lee says that is not acting with depraved indifference.

Oneida County Assistant District Attorney Dawn Lupi who also tried the first case says the prosecution will present basically the same case, calling the same witnesses and presenting the same evidence which included a 911 call LeGasse made, stating he left his uncle for dead.

LeGasse is due back in Oneida County Court on Wednesday, November 26th for a pre-trial hearing.