After careful consideration of the circumstances of this case, including an extensive review of the background of the defendant, input from the surviving victim, the deceased victim's family, the attorneys for the defense and others with detailed knowledge of this case, I have decided that this case is not appropriate for the death penalty.

I base this conclusion on the belief that a jury would be justified in finding that a mitigating factor exists based upon the defendant's documented history of mental illness. While we do not believe that the history of his mental illness rises to the level of a defense to the criminal charges, we do find that it meets one or more of the statutory criteria set forth in the law that constitutes a "mitigating factor" for purposes of the capital punishment statute. Under state law, the presence of such a mitigating factor weighs against the imposition of the death penalty.

This case will go forward as charged and we will seek to set a trial date as soon as possible. If convicted as charged, the defendant will be sentenced to life in prison without the possibility of release.