A trial date has been extended two months for the last remaining man in custody who was arrested the night of a fatal shooting of a Border Patrol agent.

The 34-year-old Mexican man, who was wounded in a Dec. 14 gunfight northwest of Nogales in which Border Patrol agent Brian Terry was killed, is charged with illegal re-entry after deportation.

His trial has been moved back to May 10 at the request of his attorney, Victoria Brambl of the Federal Public Defender’s Office in Tucson. The previous date was March 8.

“We are waiting for the government to complete the investigation,” Brambl said. “And we need more information about his current charges, too.”

U.S. District Judge David Bury granted the request this week, show electronic court records. The government didn’t object to the extension. Judge Bury set an April 22 deadline for a magistrate judge to hear a change of plea.

Brambl doesn’t know if her client is going to be charged in connection with the shooting, but she acknowledges it’s a possibility. 

Last week, the other three men apprehended that night were cleared in connection with the crime by the U.S. Attorney’s Office. The three pleaded guilty to immigration charges and were set up for deportation to Mexico.

The Arizona Daily Star is withholding the names of the four men because they were not charged in connection with Terry's shooting.

The FBI investigation of the shooting remains ongoing. No charges have been filed. 

Contact reporter Brady McCombs at 573-4213 or bmccombs@azstarnet.com.