The defense team of an ex-border patrol agent accused of killing a two-year-old and his mother is asking the court to reschedule his trial date due to the COVID-19 pandemic.

Jury selection in the case of Ronald Anthony-Burgos Aviles is scheduled March 2021.His attorneys say they’ve lost more than two months of investigation and preparation time.

Attorneys for Burgos-Aviles argue their investigation can’t continue until a COVID-19 vaccine is available.