KANSAS CITY, Kan. (AP) — A man charged with fatally shooting a Kansas City, Kansas, police captain will not face the death penalty.

Wyandotte County prosecutors announced Friday they will not pursue the death penalty for 22-year-old Jamaal Lewis. He is charged with capital murder in the death of 46-year-old Robert David Melton.

On Friday, Lewis waived his preliminary hearing and pleaded not guilty.

In return for dropping the death penalty, attorneys agreed not to pursue a defense of mental disease or defect for Lewis.

The trial is scheduled for Nov. 5.

Melton was shot in July 2016 while assisting other officers searching for suspects in a drive-by shooting. Melton was hit when the suspect fired several shots through window of his patrol vehicle.