RICHMOND, Va. (WRIC) — The fate of the Spotsylvania deputy indicted in the shooting of Isiah Brown will remain unknown until December, according to Spotsylvania Circuit Court.

Deputy David Turbyfill was set to be arraigned in court today, but due to a mutual agreement by the defense and prosecution, that hearing will be delayed until Dec. 22. Turbyfill is accused of shooting Brown eight times at his home back in April.

Turbyfill says he shot Brown thinking the phone he was holding at the time was a gun. He faces up to five years in prison if found guilty.

Brown is still in recovery from his injuries, and his attorney says they will impact him the rest of his life.