SPOKANE, Wash. (AP) — A district judge says prosecutors have until the New Year to decide whether to pursue the death penalty of an Idaho man who is accused of killing a police officer and stealing his patrol car in northern Idaho.

The Spokesman-Review reports that District Judge Lansing Hayes extended the capital crime deadline until January 4 on Wednesday. The deadline was previously set to expire on Friday.

Investigators allege that Jonathan Renfro, who was on parole, shot Coeur d'Alene Police Sgt. Greg Moore on May 5 as the officer questioned him because he feared Moore would find a handgun in his pocket — a parole violation. Moore died later that evening.

John Adams, Renfro's lawyer, has also filed a motion seeking to exclude cellphone evidence from the trial.