In a surprise decision, prosecutors in the capital murder trial of Charles “Chad” Green have decided not to seek the death penalty. Charles “Chad” Green was convicted in a 2004 trial for his part in the kidnapping and murder of a Dalton family in 1998.

Green was convicted and sentenced to 40 years in a plea deal in which he agreed to testify against his father in the murder case. Green had his plea deal revoked when he refused to testify against his father for a second time.

Jury selection is scheduled to begin Tuesday September 13th in Pocahontas where Green has plead not guilty. Prosecutors indicted that once the plea deal was revoked they would seek the sentence of execution, Prosecutor Henry Boyce has since decided against seeking the death penalty.