The trial of a man accused of killing a Lubbock Officer while driving intoxicated has been postponed.

KMAC 28 is reporting that Justin McKinney’s trial has been postponed until next week because of new evidence provided by the defense. They claim they have evidence from a reconstruction of the accident that McKinney was not driving the vehicle at the time of the crash.

The collision on a night in April 2009 killed Lubbock County Sheriff’s Deputy Robert Harvey. Police originally charged Justin McKinney with intoxicated manslaughter but he is now being tried only for misdemeanour DWI. The other man in the vehicle at the time of the crash, Justin Walkup, says he was too drunk to remember who was driving that night.