Karl Jordan and Ronald Washington have been charged with drug and weapons-related crimes which resulted in the death of Jason Mizell, a founder of the pioneering hip-hop group Run DMC.
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Instead, the suspects could receive up to life in prison.
Prosecutors signaled their intention not to seek the death penalty in a letter to the judge.
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"Please be advised that United States Attorney General Merrick B. Garland has authorized and directed the United States Attorney's Office for the Eastern District of New York not to seek the death penalty against defendants Karl Jordan, Jr. and Ronald Washington," the letter said.
A remote status conference scheduled for Monday did not take place as scheduled after the judge's clerk said she would issue a letter to outline next steps.
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The 36-year-old Jordan is accused of firing the shot that killed Jay at his recording studio in Queens over a drug deal gone bad.
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Washington is charged with conspiring with Jordan to carry out the hit, although he didn't pull the trigger himself.
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