Lawyers for Colorado theater shooting suspect James Holmes have offered to have him plead guilty and serve the rest of his life in prison to avoid the death penalty.

Lawyers made the offer in a motion filed Wednesday but said prosecutors haven’t accepted the offer because they may want to pursue the death penalty.

Prosecutors are set to announce Monday whether they’ll seek capital punishment.

Prosecutors declined comment. They would likely consult with victims and their families before deciding whether to accept the offer.

Holmes faces murder and attempted murder charges. The judge entered a not guilty plea for him, but he still has the option of changing that to not guilty by reason of insanity.

Holmes’ lawyers say the case could end Monday if prosecutors accept the offer.