The state doesn't intend to seek the death penalty for the man accused of murdering another man outside a Sioux Falls Casino earlier this year. The Minnehaha County State's Attorneys Office said in court Monday that the evidence doesn't meet the requirement.

Jared Stone appeared in a Sioux Falls courtroom for a motions hearing Monday afternoon. At the hearing, Stone's attorneys asked that the state give them notice if they decide to go after the death penalty. That's when prosecutors announced their decision not to.

Stone is facing several charges including 1st and 2nd degree murder as well as manslaughter. Stone is accused of shooting 28-year-old Baptiste White Eyes after an altercation outside The Lucky Lady Casino on West 11th Street on April 22. Stone was arrested a week later near the Nebraska, Wyoming border following a high speed chase with police.

Stone is also charged with possession of a firearm by a convicted felon. At the hearing Monday, his lawyers wanted that charge tried separately. They say if the charge is read in front of a jury, it allows for prejudice because of his past drug conviction. However, attorneys with the state's attorney's office said they won't dive into his past drug conviction from 2013. The judge denied their motion.

The defense said they expect the trial to last anywhere from two to four weeks. A trial date will likely be set at the next motions hearing, which is on Dec. 19.