Alder and Arturo Marin-Sotelo are the two brothers accused in the crime. A hearing took place Thursday in a Wake County courtroom without the brothers present.
[Ads /]
In court, the prosecutors said they would not seek the death penalty in the case.
This could be because Alder is currently being held in Mexico, and that country will not extradite inmates if they are facing capital punishment.
Thursday's hearing was the first court action in the case since June.
Byrd was on duty and responding to a call in eastern Wake County in August 2022 when he was shot four times and died.
[Ads /]
Since their arrests, Alder made headlines in May when he escaped from a Virginia jail and was later arrested in Mexico.
The younger brother of both suspects was also charged earlier this year. Rolando Marin-Sotelo was charged with assisting the duo in selling the car they were using the night of Byrd's murder.