Neither brother charged with the murder of Wake County Sheriff's Deputy Ned Byrd will face the death penalty.

Prosecutors will not seek the death penalty because Alder Marin-Sotelo is still not back in North Carolina.

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Brothers Arturo Marin-Sotelo and Alder Marin-Sotelo are charged in Byrd’s murder.

Byrd was killed on Aug. 11, 2022. An autopsy revealed he was shot four times. Byrd was 48 years old.

In May, Alder Marin-Sotelo escaped from a Virginia jail. Authorities arrested him in Mexico.

Mexico could refuse to return Alder Marin-Sotelo if there’s a possibility of execution.

It’s part of a treaty between the U.S. and Mexico.

The brothers' sister, Adriana Marin-Sotelo, was arrested and charged with helping Alder escape.

In August, Adriana Marin-Sotelo pleaded guilty to helping Alder Marin-Sotelo break out of Piedmont Regional Jail in Virginia. She pleaded guilty to conspiracy to instigate or assist an escape.

In May, Rolando Marin-Sotelo, the siblings’ brother, was charged with accessory after the fact to murder.

Rolando Marin-Sotelo is accused of helping his brothers sell the car they were driving the night of Byrd's murder.

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