LEXINGTON, Ky. (WKYT) - A judge has decided to delay the trial for two men charged with murdering a University of Kentucky student during a robbery.
Efrain Diaz and Justin Smith appeared in Fayette Circuit Court on Friday morning. Police say the two, and a third suspect, Roman Gonzalez, are responsible for the April 2015 murder of Jonathan Krueger. Krueger -- the photo editor for The Kentucky Kernel, the University of Kentucky's student newspaper -- was walking down East Maxwell Street with a friend when they were allegedly robbed by the trio. Krueger died after being shot during the crime.
Last week, Judge Ernesto Scorsone ruled that Diaz and Smith would not face the death penalty. Because the death penalty is no longer on the table, the judge delayed the trial which was scheduled to begin October. Judge Scorsone did not set a new trial date.
Diaz and Smith are due back in court October 6.
Gonzalez, who was 17 at the time of the crime, was not eligible for the death penalty.