Prosecutors in the capital murder case against Adam Joseph Longoria announced Thursday that they won’t seek the death penalty if he is convicted.

The announcement by Assistant Attorney General Kevin O’Connor came at the conclusion of a new preliminary hearing for Longoria, who is charged in the death of Great Bend teenager Alicia DeBolt. The state is still seeking a capital murder conviction, which carries a penalty of life in prison, but has amended the charge to include three alternatives for a jury to consider.

Longoria also again waived his right to a speedy trial (within 90 days). Attorneys for both sides will meet via conference call in the near future and discuss a date for the next motions hearing, which has yet to be set.

O’Connor said it would be difficult to prove "aggravating factors" in the sentencing phase if the state sought the death penalty. "We have a very clear understanding of our responsibility as prosecutors," he said.

Barton County District Judge Hannelore Kitts ruled on the preliminary hearing shortly after the lunch break. Longoria is charged with the premeditated murder of Alicia DeBolt on or around Aug. 21, 2010, done in the connection with another crime or attempted crime. The three alternatives for the qualifying crime are criminal sodomy, aggravated criminal sodomy, or attempted rape.

Evidence introduced Thursday morning included testimony from James Newman, a forensic scientist at the Kansas Bureau of Investigation’s Great Bend lab. Newman said he searched the Ford Escape that Longoria used to drive and found something on the driver’s side floor mat. "Nothing stood out as an obvious stain," he said. But by using an alternate light source, special goggles and chemical tests, he found two areas with "a mixture of DNA" from at least two people. Adam Longoria and Alicia DeBolt were two of the possible contributors, he said.

On cross examination, defense attorney Tim Frieden asked, "It is possible, is it not, that Mr. Longoria’s DNA could have arrived t that location at one date, and at another date Miss DeBolt’s DNA could have arrived at that location?" Newman said it was.

After closing arguments, Kitts noted the proceeding that began Wednesday was a preliminary hearing and, unlike a trial, the state does not have to prove guilt beyond a reasonable doubt. "Only the state has presented evidence," she said. And, at a preliminary hearing, the court is required to consider the evidence in the light most favorable to the prosecution.

"Taking the evidence all together, the court finds that the state has met the burden (to show probable cause) and binds the defendant over on all three counts. ... This case is going to arraignment and ultimately to trial."

Kitts moved on to the arraignment, asking Longoria if he understood the new charges and the penalty if he is convicted.

"Yes ma’am," he said.

When asked how he pleads to the charges, Longoria said nothing. His attorney said he would stand mute on all counts. The judge entered pleas of "not guilty."

Longoria still faces earlier charges from his first preliminary hearing of vehicular burglary and vehicular theft.