EAST CLEVELAND (AP) — A judge won’t dismiss misdemeanor charges against five Cleveland police supervisors accused of failing to supervise a high-speed chase that ended in the deaths from police gunfire of two unarmed black people in 2012.

The supervisors’ attorneys argue that dereliction-of-duty charges should be dismissed. They contend supervisors’ rights to a speedy trial have been violated because more than five years have passed since the Nov. 29, 2012 chase in which police gunfire killed Timothy Russell and Malissa Williams.

Cleveland.com reports that an East Cleveland judge recently ruled statutory requirements for speedy trials don’t apply since the case was previously appealed to the Ohio Supreme Court, which allowed it to be held in East Cleveland.

Attorneys for the supervisors plan to appeal the judge’s ruling. The supervisors have pleaded not guilty.