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Updated: Friday, 04 May 2012, 6:52 PM MDT
Published : Friday, 04 May 2012, 6:52 PM MDT
LOS LUNAS, N.M. (KRQE) - A former Albuquerque Police Department officer accused of killing his wife won't be going to trial in July after all, a judge said Friday during a pretrial conference.
The defense for Levi Chavez told the judge they needed more time to gather evidence during the discovery period.
The family of Tara Chavez has waited years for justice and will have to wait longer for an outcome.
Chavez is accused of shooting his Tera to death in their Valencia County home on Oct. 21, 2007.
Prosecutors allege Chavez used his service weapon to kill her and then tried to make it look like a suicide.
They believe Tera was killed because she told her family and friends that she was going to call state insurance fraud investigators to report her husband had staged the theft of his pickup.
The case has taken so long because their were multiple crime scenes stretching as far as Mexico, where Chavez's truck was found.
Another delay came in March when the judge presiding over the case was forced to quit because of a drinking problem.
The new trial date has not been set, and prosecutors do not even know when that will happen.
Valencia County District Attorney Lemuel Martinez is handling the case and said time is the best friend of the defendant.
He said the longer the case is drawn out the better the chance witnesses can die, move or forget details.
Martinez said the worst part is that Tera Chavez's family is delayed justice.
"Just has to sit there and wait and delay and watch and wonder and hope and relive and do those kinds of things," Martinez said.
KRQE New 13 spoke with the Chavez family on the phone Friday evening.
Tera's dad Joseph said they are disappointed it has taken so long and said, "We are owed closure."
Right now no judge is assigned to the case because the county is still looking for a replacement for Judge John Pope.
A trial date cannot be set until a judge is named.
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