ADAMS COUNTY, Colo. (CBS4) – Prosecutors will no longer seek the death penalty for the man accused of killing Adams County sheriff’s deputy Heath Gumm. Dreion Dearing is facing first-degree murder charges.

Deputy Heath Gumm (credit: Adams County)

Gumm died Jan. 24, 2018 while responding to an assault near 88th Avenue and Washington Street in Thornton.

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Dearing’s murder trial began earlier this month, but was postponed due to the coronavirus pandemic. The judge in the case entered a not guilty plea on Dearing’s behalf.

Dreion Dearing (credit: CBS)

On Monday, 17th Judicial District Attorney Dave Young filed a motion to withdraw the death penalty from consideration in the case. The decision comes one week after Gov. Jared Polis signed a bill to repeal the death penalty in Colorado.

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The bill is applies to criminal offenses after July 1, 2020. However, Gov. Polis issued three Executive Orders commuting the death sentences of three inmates to life imprisonment without the possibility of parole.

In the motion filed Monday, Young’s office states that they “have no reasonable likelihood of overcoming the governor’s opinion on the death penalty.”

“The People have consulted with Deputy Heath Gumm’s family at length throughout this case, but most particularly about the filing of this Motion. While the family understands the basis for the filing of this Motion, they are extremely frustrated that the People cannot continue to seek the appropriate maximum sentence available under the law applicable to this case,” stated Young.

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Dearing has been charged with first-degree murder of a peace officer after deliberation, first-degree felony murder of a peace officer, first-degree murder after deliberation, first-degree felony murder, first-degree burglary, possession of a weapon by a previous offender and third-degree assault.