Proesecutors hope to try Madison, Alabama Police Officer Eric Parker a third time for the alleged assault that left Sureshbhai Patel partially paralyzed.

Whether he is put back on trial depends on a pending ruling from the judge in the case, according to WHNT-TV.

The defense has asked U.S. District Judge Madeline Hughes Haikala to rule that she acquit Parker due to a lack of evidence. If she rules in the defense’s favor, there will be no retrial. If she denies the motion, a third trial will be rescheduled.

Parker has been tried twice in federal court, with both cases ending in a mistrial when the juries deadlocked.

Patel’s family is still holding out hope that Parker will be punished for his actions. They spoke to the BBC.

“I went for a walk along the road, Patel said about that day. “While I was walking there was shouting, so I stopped. They came to me as they took a couple of steps, I said my house, my house–148, 148. and pointed. They came, grabbed my hand and searched my pockets. My handkerchief fell. I was brought down on the grass.”

Patel made it clear to the two officers that he did not speak English. One of the officers acknowledged that and repeated his understanding to Parker. Parker said he acted in the interest of officer safety. During the trial, the defense tried to use Patel’s English speaking skills against him.

“When you come to the U.S., we expect you to follow our laws and speak our language,” the defense said during the trial. “Mr. Patel bears as much responsibility for this as anyone.”

“Do I feel angry? Of course,” said Patel’s son Chirag. “I do feel angry because my dad already mentioned it five times that he doesn’t speak English and now they are using it as the excuse that force has been used.”