In a status hearing Tuesday for a 43-year-old Mexican National accused of killing off duty U.S. Border Patrol Agent Javier Vega Jr., his attorneys requested a psychological evaluation to test for intellectual disability.

In a status hearing Tuesday for a 43-year-old Mexican National accused of killing off duty U.S. Border Patrol Agent Javier Vega Jr., his attorneys requested a psychological evaluation to test for intellectual disability.

Ismael Hernandez-Vallejo appeared before 197th state District Court Judge Migdalia Lopez where several criminal motions were addressed. He’s accused of killing Vega on Aug. 3, 2014.

Vega was shot and killed during an apparent robbery attempt as Vega and his family were out fishing near Santa Monica. His father Javier Vega Sr. was shot in the back.

In December 2015, Lopez granted Willacy County District Attorney Bernard Ammerman’s request to move the capital murder trial to Cameron County.

The state of Texas is seeking the death penalty against Hernandez-Vallejo, as one of the charges against him is capital murder. He is also charged with attempted capital murder for the shooting of Vega Sr.

Also charged in Vega’s shooting death is Gustavo Tijerina-Sandoval.

The next status hearing for Hernandez-Vallejo has been set for Jan. 25, 2017 which is one day after Tijerina-Sandoval is scheduled for a status hearing.