Officer Maher was trying to break up a fight between Jason Roberts and his brother. The defendant is accused of grabbing Officer Maher’s service revolver and pointing it at his brother and his brother’s girlfriend. Officer Maher tried to disarm Roberts but was shot once at close range, just below his body armor.

After reviewing the case under statutory guidelines, King County Prosecutor Norm Maleng decided that he would not file a notice of intent to seek the death penalty. Under state law, a prosecutor may file such a notice only when the prosecuting attorney finds that “there is reason to believe that there are not sufficient mitigating circumstances to merit leniency.”

The only other punishment for aggravated murder is life in prison without the possibility of release. Roberts, 28, was arrested after the August 2, 2003 shooting and is currently being held without bail at the King County Jail. He is scheduled for a case setting hearing on April 22 at the King County Courthouse in Seattle.