Thursday, a judge ruled that he must stand trial for the death of Ethan Stacy.
Sloop and Stacy's mother, Stephanie are accused of the torturing and drugging the boy. They allegedly buried him in a shallow grave near Powder Mountain.
Davis County prosecutors are pushing for the death penalty. Sloop attorney says Utah's law is too broad and it's unconstitutional.
“Any child abuse case with a resulting death even though it might not be caused by the child abuse could potentially be charged as a capital offense in the state of Utah,” says Nathan’s attorney Richard Mauro.
Judge Glen Dawson ruled Nathan Sloop must stand trail for the murder. He also ruled that it was premature to argue the validity of Utah's child abuse law. Dawson says it can be argued after Sloops is arraigned.
A member of Ethan's Army, a child advocate group that's has taken on Ethan's cause says Ethan's biological father is okay with the delay.
“They've been supportive of the death penalty,” says Anissa Martinez. “They would like to see it move forward and go on and stop stalling but they understand."
But now that a judge has ruled Nathan Sloop must stand trial, it opens up the possibility of a plea bargain.
“There's always that possibility,” says Mauro. “We don't have anything on the table.”
Sloop will be arraigned August 13.