BELLEFONTE -- Saying the legal cargo cannot be met.

BELLEFONTE -- Saying the legal cargo cannot be met, Centre shire District Attorney Michael Madeira announced Wednesday he will not pursue the death penalty against a State corporation man accused of fatally stabbing a Penn State scholar in February.

Still, Josephy Alberto Ventura, 27 faces life in prison without the possibility of parole if convicted of first-degree assassinate when he stands trial, possibly this summer Ventura, who originally is from Brooklyn NY also faces a charge of third-degree assassinate which carries a maximum 40-year judgment

After an emotional, 90-minute meeting with the parents and an uncle of victim Michael Donahue, Madeira has decided there are no "aggravating factors" in this case that would allow him from law to seek a opinion of death.

"Which means we will not be seeking the death penalty," Madeira said.

Ventura, of 660 E landscape Ave., is accused of stabbing Donahue,