The Broadwater County Attorney’s office has filed notice with the Montana District Court on Thursday that it will no longer be seeking the death penalty for Lloyd Barrus, the man accused of murdering Broadwater County Sheriff’s Deputy Mason Moore.

According to the affidavit filed with the First District Court,

This withdrawal comes after extensive analysis of the Defendant's history of mental

health, including the fact that he is currently unfit to proceed due to his mental illness. The State is aware the Court could view the Defendant's mental health as a sufficiently mitigating circumstance to impose a sentence other than death, pursuant to Mont. Code Ann. §§ 46-18-304& -305. This withdrawal is not in response to the Defendant's motion, filed through Counsel, challenging the Constitutionality of the death penalty. The State views that challenge as without merit.

Based upon the Defendant's prior mental health treatment, the State firmly believes he

will again be found mentally fit to proceed if the proposed mental health treatment plan is enforced pursuant to statute.

The State fully expects to try this case before a jury, and believes the Court will have the opportunity to hold the Defendant accountable through a just sentence, which includes up to imprisonment for life without the possibility of parole.’

Broadwater County Sheriff’s Deputy Mason Moore was shot to death by Marshall Barrus and his father Lloyd last May, and then drove across the state engaging law enforcement officers in shootouts, finally being stopped just east of Missoula in a hail of bullets. Marshall Barrus was shot in the head and later died of his injuries.

Lloyd Barrus was taken into custody and help on $2 million bond. He was transferred to the Broadwater County Detention Center where he is still incarcerated.