RALEIGH, N.C. (WNCN) – One of two men facing murder charges for the death of Wake County Deputy Ned Byrd sat before a judge Thursday afternoon while his attorneys argued for the release of phone data. 

Arturo Marin-Sotelo and his brother Alder, are charged in the August murder of Deputy Ned Byrd.

Arturo’s defending attorney, Jay Ferguson, asked lead Wake County Sheriff’s Office investigator Craig Shapcott multiple times about the exact location of Arturo’s phone during the shooting.

Shapcott said that information is still being complied and looked through by multiple different law enforcement agencies.

“The timeline of their phones in the area I was told matched up with the timeline on the camera footage that we have,” Shapcott said.

According search warrants, deputy Byrd was on his way to a K9 training on the night of Aug. 11 when he stopped in front of a pickup truck on Battle Bridge Road.

Deputy Byrd’s dash camera footage showed him getting out to approach the truck before six shots are heard.

Ferguson said in court that he believed Arturo’s cell phone location will show that he was not at the exact location of the shooting at the time, but rather in a field further away.

Ferguson asked for a “rolling discovery,” when the state shares evidence as they get it, for all electronic communications and cell phone data from that night.

“It’s going to be critical because it will put him in a field at the time of the shooting,” Ferguson said. “I need to get this to my expert to make sure there’s not additional information out there.”

While no order has been made, judge Paul Ridgeway said the state has until the next court hearing on December 15 to figure out the best way to pass along that information.

“If we don’t have some exchange of that information, or at least a date by then that the court would certainly entertain entering an order that would provide a realistic timeline for rolling discovery,” Ridgeway said.

Bond was not discussed due to Arturo’s lack of immigration status, pending whether Arturo is currently under a federal immigration detainer.