FAIRMONT  --  The second of four men accused in the death of a South Carolina man two years ago is sentenced for his involvement.

Donell Lee was convicted of conspiracy to commit murder and first degree murder of Derrick Osborne, during a jury trial last August.

Thursday, Judge David Janes sentenced Lee to one to five years for conspiracy and life with mercy for first degree murder.

The sentences will run concurrently. Lee will be eligible for parole in 15 years.

But before sentencing on Thursday, Lee's defense attorney, Sherman Lambert, asked the judge for a new trial and for a post-verdict judgement of acquittal.

Lambert argued that there was not enough evidence presented during the trial to convict Lee.

He argued that more facts came out during two trials for co-defendant Lincoln Taylor, that were not presented as evidence during Lee's trial.

He also argued that inconsistent testimony from witnesses from one co-defendants trial to the other, is grounds for a new trial.

After hearing arguments from both attorneys, Judge Janes denied those motions for a new trial.

Lee's attorney says he'll appeal, citing unfair plea deals, prosecutorial misconduct, and a lack of evidence.

"I think when you have a situation where you have the type of pleas, the prosecutorial misconduct, the apparent activity that would suggest that the jurors were not fully informed --and they rendered a verdict based on what they had. It's our position that had they had all of the evidence, as we call the totality of evidence, a different result may have occurred. I think that is what the Supreme Court of Appeals will look at," said Lambert.

Lee did not make any statements on his own behalf in court Thursday.

Lambert says they will file a "notice of appeal" within four weeks in Marion County Circuit Court. Lambert has four months to file a "petition for appeal" with the West Virginia Supreme Court of Appeals.

On Tuesday, co-defendant Steven Podolsky was sentenced to one to five years for conspiracy to commit murder and one year for being an accessory after the fact. He accepted a plea deal with the state and is eligable for parole.

Co-defendant Layfette Jenkins also accepted a plea deal with the state. He is awaiting sentencing.

The final co-defendant Lincoln Taylor is awaiting his third trial. He was found not guilty of conspiracy to commit murder. Two mistrials were declared in the previous murder trials.