DAYTON, Ohio (AP) — Federal prosecutors have indicated in court documents that they don’t plan to seek the death penalty against two of the three men charged in connection with the shooting death of an Ohio police detective last fall.

The Dayton Daily News reports that prosecutors told the court of the decision on Cahke Cortner and Lionel Combs III, who are charged with brandishing and discharging a firearm resulting in death by murder in a drug-trafficking scheme.

Combs’ attorney, Kathryn Bowling, declined comment Monday. Cortner’s attorney, Dennis Lieberman, said he and his client were “thankful.”

No decision has been announced in the case of a third defendant.

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