Patrick Frazee, the fiancé of missing Colorado mom, Kelsey Berreth, will not face the death penalty if convicted of murdering her. Frazee pleaded not guilty to charges of murder and solicitation to commit murder in May.

Prosecutors in the case confirmed that they will not file a motion for a death penalty sentence for Frazee if he is found guilty of the charges against him, ABC News reported. Prosecutors had 90 days to file the motion and have let the deadline lapse without action, removing the death penalty as a possible sentence for the Colorado rancher, according to the news outlet.

Frazee is accused of beating Berreth with a baseball bat, burning her body, and disposing of her remains. He is thought to be the last person to see Berreth alive after she was seen on surveillance footage at a Safeway grocery store on Thanksgiving Day.

Frazee has a young daughter with Berreth, who is now in the custody of her maternal grandparents.

Beyond Frazee’s involvement in the case, Idaho nurse, Krystal Lee Kenney, was charged with evidence tampering for the disposal of Berreth’s cell phone. Kenney claims she clean up up the murder scene after Frazee killed Berreth. She has entered in a plea deal to testify against Frazee.

Frazee’s trial is slated to begin in October. Kenney pleaded guilty to the charges against her and will have her sentencing take place after Frazee’s trial, ABC News reported.