A judge announced Monday morning during a pretrial hearing that Joshua Stewart, charged with capital murder in the 2022 killing of Harris County Deputy Darren Almendarez, will not face the death penalty.

Stewart appeared in court, where prosecutors confirmed they will not pursue capital punishment in the case, which has been ongoing for more than three years.

Stewart is accused of shooting Deputy Almendarez after the off-duty officer confronted Stewart and another suspect who were allegedly attempting to steal the catalytic converter from his truck. The incident took place in 2022 near the intersection of FM 1960 and Aldine Westfield Road. Stewart has remained in jail since his arrest.

Stewart’s defense attorney stated they are still awaiting DNA and forensic test results, leading to a trial postponement until January of next year. Stewart will remain incarcerated until his trial begins.

If convicted of capital murder, Stewart faces the possibility of life in prison without parole.

Stewart is one of multiple suspects charged in connection with Deputy Almendarez’s death. Other suspects, Fredarius Clark and Fredrick Tardy, also face capital murder charges.

Deputy Almendarez was a 23-year veteran of law enforcement, most recently serving in the auto theft division. At the time of the shooting, he was grocery shopping with his wife for his sister’s birthday celebration.

Sheriff Ed Gonzalez shared that Deputy Almendarez overcame early hardships, including homelessness and working in fast food jobs, before dedicating his life to public service.