The man accused of trying to kill two Colorado Springs police officers will likely have his trial delayed due to his federal indictment for allegedly faking a hate crime to affect the 2023 Colorado Springs mayoral race.

Derrick Bernard Jr., 35, was scheduled to appear in 4th Judicial District Court on Wednesday for a status conference ahead of his jury trial scheduled to begin on Jan. 27. Bernard faces several charges, including attempted first-degree murder, for allegedly shooting at two Colorado Springs police officers in 2020 in retaliation for arresting a woman, who he had a relationship and a child with.

Bernard was convicted of first-degree murder earlier this year for orchestrating the killing of William Underwood, a local rap artist who also went by the artist name FYL Jackk. Bernard represented himself at the homicide trial. The jury found him guilty of all charges after deliberating for less than an hour. Bernard was sentenced to life in prison without the possibility of parole, but said he plans to appeal the conviction.

In November the Department of Justice indicted three individuals, including Bernard, for allegedly staging a cross burning in front of a Mobolade campaign sign defaced with a racial slur during the 2023 mayoral runoff election between Yemi Mobolade and Wayne Williams. Bernard, Ashley Blackcloud and Deanna West were charged with “maliciously conveying false information about a threat made by means of fire.”

Bernard’s federal indictment for allegedly faking the hate crime is apparently delaying his trial at the state level.

At Wednesday’s hearing Bernard was not present because the federal government denied a writ of transport. Prosecutor Anthony Gioia said it was likely that Bernard would remain in federal custody pending the outcome of his federal case, and that it was unlikely he will be made available for his trial on Jan. 27.

Bernard’s next federal court date regarding the alleged faked hate crime is Jan. 14, with a trial scheduled for Jan. 21, according to court records.

Judge James Patrick opted to leave the trial date set for the time being, but will make a determination on next steps after the prosecution files a brief to the court explaining the situation.

Both Patrick and Gioia conceded that it was unlikely for there to be a resolution to the issue prior to the scheduled trial date.

Mayor Mobolade has come under fire in recent weeks due to his communication with Bernard, but Mobolade has denied any knowledge of the hate crime hoax and has said that he has cooperated fully with law enforcement during the investigation.

Aee Shawn Mathews, the co-defendant in both the attempted homicide case involving Bernard and the man accused of shooting and killing Underwood, has yet to face trial related to either incident. Mathews is slated to go to trial on Jan. 13 for the alleged killing of Underwood. He remains out of custody on a $800,000 surety bond.