BATON ROUGE, LA (WAFB) - A man who killed a police officer in 1993 is set to be resentenced Wednesday.
Kevan Brumfield was set to be executed, but will get a new punishment in the wake of federal court rulings. He will be resentenced to life in prison.
A lower court and Louisiana Supreme Court both agreed Brumfield could not be put to death because he was mentally disabled when he killed Cpl. Betty Smothers, 36, a Baton Rouge police officer.
District Attorney Hillar Moore said in June that he had made the "difficult decision" to not seek to restore the death penalty because he thought any effort to do so would be denied.
Prosecutors said Smothers' family was consulted about the decision. The family will be present for the resentencing.
The US Supreme Court rejected on June 6, 2016 the request by the 19th District Attorney's Office to appeal a ruling by an appeals court judge in December 2015. A 5th Circuit Court of Appeals judge upheld a federal court decision that Brumfield could not be executed because he was determined to be mentally disabled at the time of the crime.
Smothers, who is the mother of NFL player Warrick Dunn, was killed shortly after midnight on Jan. 7, 1993. Brumfield was sentenced to death for the police officer's brutal murder. In 2002, the U.S. Supreme Court ruled anyone who is intellectually disabled cannot put to death.