A Chambersburg man charged in the beating death of his adoptive mother five years ago will not face the death penalty when he goes on trial.
Franklin County District Attorney Mathew Fogal said he has withdrawn a notice of aggravating circumstances in the case of 42-year-old Marcus Wallace.
Wallace is charged with first- and second-degree murder in the killing of 70-year-old Consuella Wallace.
He allegedly broke into his mother's home while she slept and brutally beat her in December 2009. She died after a month on life support.
Fogal said prosecutors have discovered evidence concerning Wallace's mental health history, which would allow a jury to find evidence of a mitigating factor, so a death penalty is "no longer tenable."
He said Consuella Wallace's family is in agreement with the pursuit of a life sentence without parole instead of the death penalty.
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