DAYTON, Ohio (AP) — Federal prosecutors have decided against seeking the death penalty for a man charged in the shooting death of an Ohio police officer almost two years ago.

Friday, October 1 was the last day the government could pursue the death penalty against Defendant Nathan Goddard.

U.S. Attorney General Merrick Garland said that the United States would not be seeking the death sentence after the death of Jorge DelRio, a Dayton police detective and Drug Enforcement Administration task force officer.

In November 2019, DelRio was shot in the face while serving a drug-related warrant at a house in Dayton, authorities said. He died several days later. Police said they found large amounts of fentanyl, cash and weapons at the residence.

Goddard and two other men are accused of participating in a drug conspiracy leading to DelRio’s death. Prosecutors said they would not seek the death penalty against the other two defendants.

Defense attorney Donald Malarcik said that he and his client were grateful.

“Mr. Goddard believed he was the victim of a home invasion and never intended to harm Detective DelRio,” Malarcik said.

Last week, DelRio was honored at the Montgomery County annual law enforcement memorial ceremony. The Ohio Narcotics Association Regional Coordinating Officers later named its Valor Award after DelRio, posthumously giving him the 2021 award.