AUSTIN (KXAN) - Brandon Daniel, 24, was due in court Thursday morning for the capital murder case in the death of Senior Austin Police Officer Jaime Padron, but officials reset his trial hearing.
Until the pretrial hearings in this case start going on the record with witness testimony, Daniel likely won't be appearing in court. Other pretrial hearings are mainly for the judge to check in with lawyers to see how the case is progressing.
Meanwhile, the trial date is slated for fall 2013.
Attorneys representing Daniel met with prosecutors just more than a month ago in Travis County District Court for a status hearing.
Daniel did not appear in court and there was no word on whether prosecutors will pursue the death penalty whenever the case goes to trial.
Daniel is charged with capital murder in the shooting death of Padron at a North Austin Walmart in April.
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Attorneys for Daniel told KXAN News in early August that they are working with the district attorney's office to get the case moving forward.
Witnesses said Padron was shot near the McDonald's store that sits at the front of the building. He was able to radio for other officers after being shot, but when they arrived Padron had died.
Defense attorneys said they do not yet know if prosecutors will seek the death penalty.
"Of course, that decision ultimately affects what we do on the case," said Brad Urrutia, who represents Daniel, in August. "So, there really are a lot of things we can't do until they make that decision."
Urrutia said they don't expect a trial for at least for another year -- possibly fall 2013.
Padron, 40, was shot to death while responding to an early morning call about someone acting erratically inside the store. When he approached Daniel, 24, the officer was shot in the neck. Store employees subdued Daniel and tried desperately to save Padron's life, police said at the time.
Daniel, reportedly had been drinking heavily and under the influence of Xanax in the hours before the shooting.
Padron joined the Austin Police Department just more than three years before he was killed and also served as a police officer at Austin-Bergstrom International Airport as part of the Emergency Management Department that consolidated with APD in 2009
Before that, he spent 14 years as a police officer in San Angelo.
Padron was the first Austin police officer killed on duty since 2004.
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