Springfield, IL (WAND) – It has been nearly three years since Earl Moore Jr. died after being strapped face-down in a gurney. Prosecutors blame two EMS workers, Peggy Finley and Peter Cadigan, for Moore’s death.

Since court proceedings began, Finley and Cadigan had been co-defendants. Now, a Sangamon County judge is allowing them to pursue two separate trials.

The state argued that the two should still be tried together, as much of the evidence for the trials will overlap. They also argued that separating the trials would make the process take even longer.

Attorneys for Cadigan and Finley said there are too many differences between the actions of the two EMS workers, and a jury would have a hard time convicting one defendant for the other’s actions.

The judge ultimately agreed to separate the cases. The state now has to decide which case to bring to trial first. The first trial will start in May, and the judge wants the second to follow soon after.

The family of Earl Moore Jr. said it’s been frustrating that the court proceedings are taking so long. They said they’ve lost faith in the justice system.

“Look how long it has taken,” said Rose Washington, mother of Earl Moore Jr. “This happened so long ago, and we are still going through this. I hurt every day for this. My son is never coming back, and we are still going through this.”

Also in court, attorneys argued over what evidence would be allowed during the trial. Many of those determinations were put on hold until a decision is made on who will be tried first.