NEAR SANTA MONICA – A capital murder suspect accused of killing a Border Patrol agent will not know his fate until January.

Ismael Hernandez-Vallejo is the second man charged in the death of agent Javier Vega Jr.

Hernandez’s trial was set to start this month but a judge granted the defense more time.

Agent Vega was killed while fishing with his family near Santa Monica.

Willacy County prosecutors says they will seek the death penalty against Hernandez. 

Watch the video above for more information.