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On Tuesday, the Multnomah County District Attorney filed a brief that would alter the charges against Jeremy Christian so that the alleged killer would not face the death penalty for fatally stabbing two men on a MAX train, Oregon Public Broadcasting first reported.
Christian allegedly stabbed three men, killing two, after they attempted to stop him from yelling racist slurs at teenagers on a rush-hour MAX train in May 2017.
Christian currently faces three charges: two counts of aggravated murder and one count of attempted aggravated murder. Prosecutors seek to alter those charges to two counts of murder in the first degree and one count of attempted murder in the first degree.
The proposed change comes after the passage of Senate Bill 1013 last April, which limits how prosecutors can use the death penalty. In Aug., Gov. Brown proposed amending the bill amid push back from victims groups and district attorneys, but she ultimately called off a special session to do so.
"It is clear from the language of SB 1013…that the legislature's intent was to drastically reduce the types of murderous activity that could qualify as Aggravated Murder," Jeff Howes, first assistant to the district attorney, wrote in the court filing.
Earlier this year, Christian's attorneys attempted to have the trial moved out of state. The family of one of the victims also filed lawsuits against TriMet and the Portland Police Bureau for failing to keep Christian off of public transit despite previous reports of violence from passengers.
The proposed changes to Christian's convictions still require a judge's signature to become final. His next court date is scheduled for Nov. 1.