Attorney says Mark Carver could bond out Tuesday

GASTON COUNTY, N.C. (FOX 46 CHARLOTTE) - A man convicted in the 2008 death of a UNC Charlotte student may be one step closer to becoming a free man.

Mark Carver's attorney said the his client is scheduled to appear in a Gaston County courtroom Tuesday. Carver was hoping to receive bond and be released from prison.

Carver was convicted in 2011 for the murder Ira Yarmolenko. The 20-year-old was strangled to death on the banks of the Catawba River.

Last week a judge set aside Carver's conviction granting him a new trial. The judge said his defense attorney did not properly investigate touch DNA, Carver's only connection to the crime scene.

Carver was serving life in prison for the killing.