SEVERE WX : Winter Storm Warning View Alerts

Sentencing delayed for Yorkville man convicted of killing brother

Sentencing for the Yorkville man convicted in the stabbing death of his brother has been rescheduled for next Wednesday, May 15.

Posted: May 6, 2019 12:12 PM
Updated: May 6, 2019 5:35 PM

UTICA, N.Y. - Sentencing for the Yorkville man convicted in the stabbing death of his brother has been rescheduled for next Wednesday, May 15.

On March 13, John "J.W." Ferguson was convicted of manslaughter and weapons charges. He was accused of stabbing his brother Daryl Ferguson to death during an argument in their mother's home in Yorkville last July.

John W. Ferguson (photo courtesy NYSP)

Monday morning in Oneida County Court, Judge Michael Dwyer said he received a motion 330 from defense attorney Luke Nebush Friday afternoon asking the court to set aside the verdict.

A 330 motion can be filed for a few different reasons if the defense feels that aspects of the case, such as new evidence or an unjust trial, could lead to the verdicts reversal.

Assistant district attorney Todd Carville says a 330 motion is not all that uncommon in cases like this.

Carville says he can't share specific details of the motion, but he did explain what will happen next.

"The defense files a motion, they put in legal arguments as well as factual assertions and the people have an opportunity to repsond in writing," Carville said. "The court will review our response and we'll have oral argument on May 15th. They make their arguments and we argue obviously how we feel the evidence was presented to the jury."

Carville's answer to this motion is due by Monday, May 13.

WKTV did reach out to Ferguson's attorney but Nebush declined to comment.

New York Coronavirus Cases

County data is updated nightly.

Cases: 1212922

Reported Deaths: 40637
CountyCasesDeaths
Queens1515817782
Kings1485017994
Suffolk1225972545
Nassau1099842518
Bronx1015535243
Westchester819821774
New York727353419
Erie502271339
Richmond433221363
Monroe42774737
Rockland31061806
Orange27862642
Onondaga26544517
Oneida16110331
Dutchess15873290
Albany15520248
Niagara11534233
Broome10620248
Saratoga865376
Schenectady8183116
Ulster7337183
Rensselaer6454101
Putnam620370
Chemung5422107
Chautauqua522151
Oswego466462
Ontario452877
Steuben4444130
Cayuga419768
Sullivan371348
Wayne352750
Genesee350691
Herkimer342346
St. Lawrence332055
Cattaraugus325360
Madison298575
Jefferson294220
Cortland256352
Livingston256136
Tompkins252822
Columbia229966
Allegany228675
Tioga212454
Montgomery206971
Wyoming198741
Clinton197713
Fulton193247
Greene192951
Warren192836
Orleans185167
Chenango165438
Otsego155921
Lewis138822
Washington138121
Seneca114445
Franklin10409
Delaware96516
Essex92916
Schoharie8515
Yates75816
Schuyler68410
Hamilton1431
Unassigned37108
Out of NY0163
Rome
Cloudy
34° wxIcon
Hi: 33° Lo: 32°
Feels Like: 25°
Binghamton
Cloudy
28° wxIcon
Hi: 34° Lo: 28°
Feels Like: 18°
Rome
Cloudy
34° wxIcon
Hi: 35° Lo: 32°
Feels Like: 25°
Rome
Cloudy
34° wxIcon
Hi: 35° Lo: 29°
Feels Like: 25°
WKTV Radar
WKTV Temperatures
WKTV Severe Weather
2021 Golfer's Paradise Card - 21 Courses for only $99.99
Saluting Those Who Are Proud 2 Serve