A former NIU student charged in connection with the shooting of NIU linebacker Devon Butler has requested a new judge.

Richard Van Arsdale III has filed a Motion for the Substitution of Judges.

According to court documents, the motion states, “The defendant fears that he will not receive a fair trial if he is tried before the Honorable Judge Robbin Stuckert and the Honorable Judge Karen Simpson.”

According to the 16th Judicial Circuit website, Simpson is a circuit court judge in the Felony Division at the Kane County Judicial Center, 37W777 Route 38, St. Charles.

Phil Montgomery, DeKalb County assistant state’s attorney, said the decision to re-assign the case is up to Judge Kurt Klein, the presiding circuit judge for DeKalb County.

“He could keep it, or he could re-assign it to a different judge,” Montgomery said.

Mark Orozco, also a former NIU student, and Van Arsdale are charged with attempted murder and aggravated battery with a firearm, Class X felonies, in connection with the April 5 shooting. They are also charged with the aggravated discharge of a firearm and the unlawful delivery of cannabis. DeKalb Police have said they believe Van Arsdale to be the driver and Orozco to be the shooter.

Van Arsdale is represented by attorneys Gary Johnson and Nils Von Keudell. Montgomery said the motion will be introduced by Van Arsdale’s attorneys during a status hearing May 2.