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Family responds to delay in sentencing in death of teenage son

OWENSBORO, Ky. (WFIE) – There's a new update on the Owensboro teen convicted in connection with the death of a 16-year-old.

Peiyton Smith appeared in court Monday when a judge decided to uphold his sentence or grant him probation.

Smith was resentenced to 10 years in prison in July for the second-degree manslaughter of Demarion Black.

In a plea agreement, Smith was also convicted of marijuana trafficking and possession of a handgun by a minor.

At the time, Black's family called the verdict a slap in the face as Smith had to serve time in a juvenile detention center.

Now 18, Smith is back in court, where a judge decided to postpone a decision on his parole until today.

The judge ordered Smith to complete his mental health programs and appear again in five months for a decision.

We spoke with Black's mother, who says these lengthy court decisions have made her family's recovery difficult.

“It's like a slap in the face again. Justice is being able to heal one day without knowing that there will be another time when you can live it all over again. It’s almost inhumane,” she says.

Peiyton Smith will remain in a juvenile detention center until his second adult status hearing on April 9.

We will continue to follow this up and keep you updated.