A Sidney man accused of killing his girlfriend will not face the death penalty.

Cheyenne County Attorney Paul Schaub has amended a charge against 53-year-old Larry Martinez that takes the death penalty off the table.

Schaub had earlier indicated he would seek the death penalty. But on Monday, he indicated in the amended filing that he did not believe he had sufficient evidence to support a death penalty conviction.

Police say Martinez shot 30-year-old Mandy Kershman, of Sidney, in June because was angry over a text message from her.

Martinez is scheduled to be arraigned Feb. 12 on the amended murder charge. Martinez is also charged with use of a weapon to commit a felony.