Tonight for us...with our go the distance team.

We'll be checking in with her...in just a bit.

We start though...with the sentencing of the yorkville man who killed his own brother.

Or at least...he was supposed to be sentenced!

Newschannel 2's caitlin joins us now live here in the studio with our top story tonight.

Caitlin.... gary, john ferguson's attortney made a last minute move...that's not often seen.

Ferguson was found guilty of manslaughter after stabbing his brother to death last summer.

Ferguson's attorney luke nebush filed a 330 motion to set aside the guilty 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, coe 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 hdidtell me whan next.

"the defense files a motion,thyt in legal arguments as well as factual assertions and the people have anopportunity to repsond in writng.

The court will review our response and we'll have oral argument on 15th.

They make their arguments and we argue obviously how we feel the evidence was presented to the jury."

The prosecutions answer to this motion is due by monday, may 13th.

If the motion is granted, there could be a new trial.

Carville says if the motion is not granted, ferguson will be sentenced on may 15th.

We did try to speak with ferguson's attorney,