WEST PALM BEACH, Fla. - The case against a mentally challenged man shot by a Palm Beach County Sheriff's deputy has been delayed.
Aldo Alvarez's attorney was frustrated walking out of court Friday saying he still hasn't received discovery.
He also told the judge the Palm Beach County Sheriff's Office won't give him the 911 call from the case because it is an open investigation.
"We've tried to make a request to the sheriff's office, but they are not responding saying the case is ongoing. I'm disappointed by that because obviously if they weren't prepared and the investigation wasn't complete, they shouldn't have charged Aldo," defense attorney Wayne Richter said.
Alvarez is accused of attacking a deputy in the deputy's driveway in May. The deputy shot Alvarez several times saying he had no other choice. Alvarez was unarmed.
"At some point, the investigation should be done by now. They chose to charge as early as they did," Judge Sandra McSorley said.
A Palm Beach County Sheriff's Office spokeswoman said the case is still an active criminal investigation and the attorney should be seeking the documents from the State Attorney's Office.
The State Attorney's Office says the defense should receive the discovery by the end of the day.
The next hearing was schedule for the end of October.