McLennan County District Attorney Barry Johnson has decided not to ask for the death penalty when Albert Love, Jr. is re-tried for Capital Murder.

Love is accused of shooting and killing 17-year-old Tyus Sneed and 20-year-old Keenan Hubert in 2011.

A jury convicted Love and his friend Rickey Cummins of capital murder and sentenced them both to death in 2013.

Johnson’s office says the decision was made for two reasons. The first is because the Texas Criminal Court of Appeals reversed Love’s earlier conviction because the trial court allowed text messages to be entered as evidence that were obtained without a warrant.

The cost of the trial and the possible appeals is the second reason Johnson decided to take the death penalty off the table.

Right now, Love is in the McLennan County Jail. His retrial isn’t expected to take place until next year because of COVID-19.

FOX44 News reached out to Love’s attorney, Ariel Payan for comment. We will update this report if he responds.