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WEST PALM BEACH (CBSMiami/AP) – A man accused of killing a witness will not face the death penalty because prosecutors missed the deadline to notify the court that they would be seeking it.

Palm Beach County Circuit Judge John Kastrenakes has ruled that the state attorney’s office had failed to meet a 45-day deadline included in Florida’s new death penalty law.

Court records show that 28-year-old Tashane Chantiloupe pleaded not guilty August 18th to first-degree murder, and prosecutors missed the October 2nd deadline by 14 days.

Kastrenakes acknowledged that other states have exceptions for missing the deadline, but Florida doesn’t. He said higher courts and lawmakers would need to address the issue.

Chantiloupe is accused of killing 34-year-old Augustus Byam in May. Byam had identified Chantiloupe in another shooting.

(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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