Two middle-aged men turned themselves in last March after one used a gun to kill a man at the Bernalillo Allsup’s. One of those men, Daniel Benjamin McClellan, of Albuquerque, was set to face a trial this month for first-degree murder and tampering with evidence.

McClellan’s defense, however, filed a motion to continue the trial at a later date.

“Mr. McClellan understands he has a right to a speedy trial but feels it is more important to him to have a fair trial,” it says in the filed motion.

According to his defense, there are a few witness interviews that need to take place for him to have a fair trial.

The motion was approved and a new trial by jury has been set for 9 a.m. June 4, 2024.

Prior to that will be a pretrial hearing on Dec. 7 so the state and the defense can provide an update to the court.