An Elmira man convicted of gang assault who eventually had that conviction overturned, is back in custody as he awaits a decision by the Appellate Division.

Terrence Mack was the only person convicted in connection with the September 2007 death of Latasha Shaw.

Shaw was murdered near the corner of Dewey Avenue and Driving Park after coming to the aid of her then 12-year-old daughter. Police say she was beaten and knifed to death during a mob attack. Mack was convicted in 2009 after being accused of hitting Shaw with a bottle. That conviction was overturned on appeal in 2014.

With Mack returning to jail, Shaw's family is holding out hope others will come forward.

"I'm hoping that he (isn't) ready to take this ride by himself. We're hoping that he'll tell what he knows. If he didn't do it then he deserves to be free but right now it points that he was part of it. So if he was part of it he got to do his time too," said Charnette Grayson, Latasha Shaw's sister.

The Court of Appeals remanded the case to the Appellate Division. Shaw is back in custody pending the higher court's decision.