Another delay in the case against former EMT and reserve deputy Justin Whaley who's accused of driving drunk and killing a man in a head on collision in July 2018. 

Judge Barry Steelman told attorneys in court on Monday that he would like to have more time to dedicate to the case, but family members said each time this happens it only causes more anxiety and pain.

"What this puts us through emotionally is the day that he died again, and again, and again," said Dawn Decker. 

Decker, James Brumlow's mother-in-law, was upset over the decision to move the hearing back yet another month. She said each court date brings an overwhelming amount of emotion.

"It usually starts a week before the hearing at least. We start having anxiety, anxiousness and depression, and just going through all the emotions of losing him again," said Decker.

The next hearing is set for September 18.

Judge Steelman said the trial can still happen in January, but that could change if the defense gets its wish to bring in a jury from another county. 

"When we talk about where the jurors will come from, we run a risk of losing our trial date," said Judge Steelman.

 "Do you honestly think we will see a January trial? I don't," said April Hinson, a family member of Brumlow's.

"I'm not sure. I hope that we do. I'm going to have to have faith and pray and hope that we do," Decker responded. 

Family members said each delay is heart wrenching. But Hinson said she wants to be there for her son-in-law.

"James can't be here for himself. We're here for James. We are James' voice," said Hinson.

The defense has asked for an outside jury because the case has been widely covered by local media, and that may make it hard to get a fair trial.'

Both sides will get together on September 18, to discuss pre-trial items like what evidence will be allowed and where the jury will come from.

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