Jochen Wiest was charged with setting an oak tree at Toomer’s Corner on fire following this year’s LSU-Auburn.

As he awaits his trial, Wiest’s lawyers have asked the court to consider letting him return to Germany, according to

“The defendant is unable to support himself at this time in the United States,” Brown said in the motion. “He is also unable to support his family and may be in violation of his terms of entry into the United States if not employed.

“Requiring the defendant to remain in the United States pending the final disposition of this case is punitive.”

Whether Wiest can return to Germany or not will be decided at a hearing on Nov. 30. A grand jury won’t be able to proceed with Wiest’s criminal case until March of 2017.