NEW MEXICO (KRQE) – Dakota Briscoe, the man accused of a double murder in Albuquerque, is asking a judge to dismiss the charges against him. Briscoe is accused of killing two men in 2020 and burning their bodies inside of a car.

Briscoe’s attorneys argue the state has violated his right to a speedy trial and he has been in custody since his arrest two years ago. The state argued the delay is due to a pandemic-related backlog of cases at the Office of the Medical Investigator. The state also pointed out that part of the reason Briscoe remained in custody was because he was also facing charges for another crime.

Briscoe refused to participate in Wednesday’s hearing and the court also learned his attorneys have not been able to get in contact with him. A judge will rule on the motion to dismiss at a later date. Depending on the judges ruling, Briscoe’s trial could begin as soon as February.