Cassidy's murder case took a turn when the primary witness withdrew his confession. This resulted in the judge stating that Cassidy would stand trial for third-degree murder. On August 16, 2005, Municipal Judge Marsha Neifield ruled that prosecutors had sufficient evidence to charge Cassidy with third-degree murder, attempted murder and weapons offenses. This was later overturned to the original, first degree charge - negating the possibility of parole. On January 25, 2006, Cassidy was convicted of involuntary manslaughter, two counts of aggravated assault and possession of an instrument of crime for his involvement in the shooting. He was sentenced to 11 to 23 months in prison plus probation and was credited with the 7 months he had already served.