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Death penalty likely not an option in Jeremy Christian trial

In September, a new law restricted the definition of aggravated murder, and Christian's attorneys say that charge doesn't fit his case. Prosecutors seem to agree.

PORTLAND, Ore. — It appears prosecutors won't seek the death penalty in the Jeremy Christian trial. He is accused of killing two people on a Portland MAX train in 2017.

Prosecutors wanted to charge him with aggravated murder, the only charge in Oregon that carries the death penalty. But in September, a new Oregon law restricted the definition of aggravated murder.

It applies only in the following circumstances:

  • Killed two or more people as an act of organized terrorism
  • Killed a child younger than 14 with premeditation
  • Killed another person while in jail or prison for a previous murder
  • Killed a police, correctional or probation officer

Christian's attorneys say none of those fit his case. Although Christian is accused of killing two people, it doesn't appear it was an act of organized terror.

RELATED: Oregon substantially narrows use of death penalty

Prosecutors seem to agree with the defense. They've filed documents to change the charges from aggravated murder to first-degree murder. If Christian is convicted, the longest sentence he can receive is life in prison.

There's a hearing Friday where Multnomah County Circuit Judge Cheryl Albrecht could approve the change.

Christian's trial is set to start in January.

RELATED: Trial for MAX attack suspect postponed until next year

RELATED VIDEO: MAX attack suspect has courtroom outburst

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