Prosecutors will not seek the death penalty against Patrick Frazee, a Colorado man accused of killing the mother of his child.

Frazee pleaded not guilty in May to two counts of first-degree murder and other charges in Kelsey Berreth‘s death.

Prosecutors had until Friday, 90 days after Frazee entered his plea, to file a motion stating their intent to pursue capital punishment in the case.

Lee Richards, a spokeswoman for the 4th Judicial District Attorney’s Office, confirmed to CNN on Monday that prosecutors did not file a motion. Prosecutors will explain their decision at a hearing on August 23, Richards said.

Berreth went missing last Thanksgiving Day near Woodland Park, a city between Denver and Colorado Springs. Her body has not been found.

In addition to first-degree murder, Frazee faces three counts of solicitation to commit murder in the first degree, two counts of a crime of violence and charges of tampering with a body.

His girlfriend, an Idahoan named Krystal Lee Kenney, told investigators Frazee killed Berreth by wrapping a sweater around her head and bashing her with a baseball bat, according to testimony from an agent for the Colorado Bureau of Investigation.

Kenney also told police that Frazee disposed of Berreth’s remains either at a dump or in a river.

Kenney is cooperating with law enforcement and pleaded guilty to evidence tampering.

Authorities spent nearly two months searching for Berreth’s body in a landfill in Fountain, Colorado. Police suspended the search in April after they did not find any remains or evidence linked to Berreth’s death.

Frazee has been in custody since his arrest in December. His trial has been set for October 28.

The couple’s 1-year-old daughter, Kaylee, is in the custody of Berreth’s parents.