CHARLESTON, S.C. (AP) – A prosecutor says it doesn’t look like the death penalty can be sought in the case of a black South Carolina man who was fatally shot as he ran from a white police officer.

Former North Charleston officer Michael Slager is charged with murder in the death of Walter Scott. The April 4 shooting was captured on cellphone video and showed Slager firing eight shots at Scott as he ran after a traffic stop.

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Solicitor Scarlett Wilson released a statement earlier this week saying that, based on the facts so far, the death penalty doesn’t appear to apply. Under state law, death can only be sought in a killing with aggravating circumstances such as robbery or kidnapping.

In the meantime, court documents show the case has been assigned to a black judge: Clifton Newman of Kingstree.