Updated: Los Gatos Fatal Crash Case Back to Square One

It looks like the family of the late ,will have to continue waiting to find out if the man who's been charged as being responsible for his death will stand trial.

Update: 8 a.m., July 14

Kevin Derr, 52, was scheduled to appear in court at 9:30 a.m. July 12, in Department 23 of the Santa Clara County Courthouse in San Jose, to set a date for a preliminary hearing. The new date for the next court appearance in this case is Aug. 2.

According to police records, the 28-year-old West was on his bicycle at the intersection of Lark Avenue and Garden Hill Way the morning of Feb. 1, 2010, when Derr struck him. He was pronounced dead at the scene. He left behind a young daughter, Briana.

On March 25, Del Pozzo offered Derr a four-year sentence, but his attorney, Edward Esqueda, rejected the sentence and withdrew his original "no contest" plea to one count of vehicular manslaughter with gross negligence, which had allowed his punishment to be determined by a judge. 

Esqueda, who hasn't returned numerous calls seeking comment, has asked for leniency, arguing that Derr has no criminal record, suffered a seizure at the time of the accident and has medical records that indicate his roommate had reported him having "convulsions" about once a month that lasted about 20 minutes, according to Santa Clara County Deputy District Attorney Leigh Frazier, who's no longer prosecuting the case.

Hospital documents reveal he had seizures on Oct. 15, 2009, while he was driving for 15 minutes, and also on Nov. 22, 2009—and that on Feb. 1, 2010, he had a lapse of consciousness while driving, Frazier said. 

The case is now being prosecuted by Santa Clara County Deputy District Attorney Cody Jones, as Frazier has been assigned to the Santa Clara County District Attorney's sex crimes unit.

On May 2, the parties appeared in court to agree to meet July 12, Jones said. On Tuesday, the case will be heard by Judge Jerome Nadler, and Esqueda and Jones will agree to a date for the new court hearing.