(WKTV) - An unexpected move during the sentencing phase of Michael Buck's manslaughter trial means his case could go to trial after all.
Buck told his attorney at the very last second before his sentence was going to be handed down, that he wanted to withdraw his guilty plea.
Buck's defense attorney, Thomas Hegeman tells News Channel 2 he didn't know this withdrawl request was coming.
In June, Buck pleaded guilty to one count of first-degree manslaughter in exchange for an agreed upon 20 years to life in state prison.
It was around 1:45 a.m. on Sept. 21 of last year when authorities found the body of Buck's father, Joseph Buck, on the floor of the home the two men shared in Middlefield, which is right outside of Cooperstown. The 65-year-old man had been shot several times.
Ppolice later located his son, Michael, who had been shot once in the face himself. Police say two guns were involved; both were registered and owned by Joseph Buck.
Buck and his attorney will have to submit a formal plea withdrawl request in writing stating the reasons for the request.
That written request must be submitted by Aug. 11.
Otsego County Court Judge John Lambert said he would review that request and have his decision on whether to allow Buck to withdraw his plea on Aug. 18.