Demeatrius Montgomery, on trial for the 2007 killings of two Charlotte police officers, will not face the death penalty if found guilty.

Judge Forrest Bridges ruled Tuesday that a detective’s misconduct during the investigation was serious enough to remove the death penalty as an option for prosecutors.

In pre-trial testimony Monday, homicide detective Arvin Fant admitted that he threw away notes that may have contained information about another possible suspect in the killings. He also testified that he used another detective’s notes to supplement the report he did file.

Defense attorneys had argued that Fant’s actions prevented Montgomery from receiving a fair trial.

Police Chief Rodney Monroe, who has been attending the trial, said Fant has been placed on administrative leave and is under investigation.

“I’m disappointed personally and professionally with the fact that we’ve lost the ability to seek the death penalty in this case,” he was quoted as saying in the Charlotte Observer. “We’ve lost two great officers. I’m also happy to see that the judge has allowed this case to go forward.”

Montgomery, 28, is charged with the killings of Officers Jeff Shelton and Sean Clark. He has pleaded not guilty.
 

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