INDIANAPOLIS — In 2017, Southport police Lt. Aaron Allan was shot and killed in the line of duty. The man who is charged with his murder will stand trial on Tuesday but will not be facing the death penalty. The officer’s family says they are not happy about this latest development.

“I think the guy should suffer the same way my brother suffered,” said Lt. Allan’s brother Cory Allan.

In 2017, Lt. Allan was called to the scene of a turned over vehicle. Prosecutors say 28-year-old Jason Brown shot and killed the Southport officer as he was attempting to check on him.

“I don’t get anymore hugs, or ‘I love yous’ or phone calls, or that type of stuff,” said Lt. Allan’s mother Laurie Lowry. “He has a son that will never see his dad again, or to grow up even with a father.”

In 2017, former prosecutor Terry Curry announced that he would seek the death penalty in the case. This past December, Marion County Prosecutor Ryan Mears agreed to drop the death penalty if Brown agreed to waive his rights to a jury trial. Allan’s family says was this born out of fears surrounding appeals and mistakes made by Brown’s attorneys.

“We were made to take the death penalty off the table because the mistakes that were made by the other attorney,” said Lowry. ” I asked why should we have to pay for those mistakes? That’s not what I want. I was told what kind of jury would we be able to pick from in Marion County? There’s a lot of people here in Marion County that would be great jurors.”

“We don’t want to cut him a deal because Aaron didn’t get a deal. He didn’t get a choice,” added Cory Allan.

The case now goes to a bench trial. If Brown is convicted of murder, the judge cannot impose a death sentence, but the judge can sentence him to life without the possibility of parole.