Gabriel Armandariz was scheduled to go to trial next month for the deaths of his two sons, but pending a new Texas law, a new trial date must be set.
In April 2011, 6-month-old Luke, and 2- year- old Gatlin were reported missing after family members say Armandariz sent them pictures of the boys from his cell phone. Police say in the pictures, one of the boys was hanging by his neck. They say the boys bodies' were found underneath a home in Graham.
This case will be tried by the state. Officials with the Attorney General's office are waiting for an order from the Young County District Judge on a new trial date.
The judge is expected to issue the order after September 1st. That's when a new law goes into effect requiring DNA testing on any biological evidence on all capital cases where the death penalty could be handed down.