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State won't seek death penalty in Wayne Kubsch's new murder trial

ST. JOSEPH COUNTY, Ind. -- The St. Joseph County Prosecutor's Office has amended the charges against Wayne Kubsch and will no longer be seeking the death penalty at his third trial for the 1998 murders of his wife, stepson and his wife's ex-husband.

The state filed amended charges on September 10 to remove the request for the death penalty and instead request life imprisonment without parole.

The prosecutor's office said the decision to amend the charges was made after extensive discussions with the families of the victims, Beth Kubsch, 11-year-old Aaron Milewski and Rick Milewski.

On Friday, a judge granted the motion to amend the charges, which means Kubsch won't face the death penalty.

Kubsch has twice been convicted and sentenced to death in this case. His 2000 conviction and death sentence was overturned by the Indiana Supreme Court in 2003 and he was granted a new trial.

He was convicted again and sentenced to death in 2005, but that conviction was overturned by the 7th Circuit Court of Appeals in September 2016.

Kubsch's trial is scheduled for February 2019.

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