SIOUX FALLS, S.D. (KELO) — The state says it will not seek the death penalty if 64-year-old Jay Ostrem is convicted of 1st-degree murder.

Also, a request was filed this week by Ostrem’s attorney asking for a mental health evaluation.

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Ostrem is accused of shooting and killing three men in May of this year.

He appeared in court Thursday where a judge approved a request to wave the 180-day rule to a speedy trial.