The three suspects charged with murder in the Ahmaud Arbery case are due back in court next week and their attorneys have filed a motion to have the newly appointed Black district attorney removed from the case, according to WTOC 11.

Back in May, Georgia’s Attorney General Chris Carr appointed District Attorney Joyette Holmes, a Black woman, to the case, however, Greg McMichael, Travis McMichael and William Bryan “filed a motion to strike the illegal appointment of the district attorney.”

This case has already been through three different prosecutors. Prosecutors Jackie Johnson and George Barnhill both removed themselves from the case due to conflicts of interest. The case then came to Tom Durden, the district attorney of Liberty County, but he recommended that it go to a grand jury.

Ahmaud, a 25-year-old Black man, was fatally shot while jogging through a neighborhood near his home in Brunswick, Georgia. He jogged past Gregory, who then told his son Travis to get their guns. The father and son took their weapons and jumped into their truck to follow the jogger. Soon after, there was a struggle over the firearm and Ahmaud was shot and killed.

Last month, the three white male suspects were each charged with nine counts: four counts of felony murder, false imprisonment, malice murder, two counts of aggravated assault and one count of criminal attempt to commit false imprisonment.

A preliminary hearing for Ahmaud’s case revealed that Travis, who followed Ahmaud with his father Gregory and William, called him a “fucking nigger” after fatally shooting him. Georgia was one of four states that didn’t have a hate crime law already in place, but on June 23, lawmakers approved a hate crime bill that would permit intensified criminal penalties for those who target others because of their gender, race, sexual orientation or other reasons.