The illegal immigrant charged with the murder of Laken Riley waives a jury trial and is brought before the judge

The illegal immigrant accused of murdering Georgia nursing student Laken Riley waived his right to a jury trial on Tuesday, leaving a judge to decide his fate.

Jose Ibarra's waiver was approved during a hearing in Athens-Clarke County Superior Court – just a day before jury selection was set to begin in the case.

The 26-year-old, who entered the United States illegally through the southern border, is accused of killing the 22-year-old in February by hitting her in the head, suffocating her and intending to sexually assault her.

The request came after Supreme Court Justice H. Patrick Haggard previously ruled that fingerprints collected from Ibarra's phone could be used as evidence.

The defense team had requested that they be thrown out on the grounds that they were collected illegally.