Arturo Marin-Sotelo faced a judge Thursday afternoon for felony murder charges.
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At the hearing, his attorneys tried to push the state to turn over evidence so the defense can start its investigation.
The defense is asking for cell phone data, phone records, Google geofencing data and other forensic evidence.
The defense argued it will show that the 29-year-old Sotelo was not in the vicinity of the crime when the shooting happened.
"It's going to be critical because it will put him in the field at the time of the shooting, and I need to be able to get this to my expert to make sure there's not additional information out there that he needs to follow up on," said defense attorney Jay Ferguson. "I understand it's a lot of investigation, and I understand it's a serious case, but I am asking the court to order the state to require whatever existence of discovery."
The assistant district attorney said information is still being obtained.
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"I understand the concern, and I believe even through the defendant's evidence that he provided today, I think the indication would be that some of that information that they want, law enforcement is still in the process of gathering and working on themselves," said Patrick Latour/ assistant district attorney.
The judge is giving the prosecution until Dec. 15 to respond to the request.
Both Sotelo and his brother have pleaded not guilty in the case. If convicted they could face the death penalty or life in prison.
Byrd was shot and killed in the line of duty back in August.