Prosecutors no longer demand the death penalty for an Indianapolis man who was accused of shooting and killing a Southport police officer who tried to help him after a car accident on the south side of the city in 2017.

According to a motion filed in court on Friday, the Marion County Attorney’s Office waived the death penalty request as part of an agreement reached with 32-year-old Jason Dan Brown, in which Brown waived the jury trial s right.

On July 27, 2017, Brown was facing charges of murder and possession of marijuana, which was related to the shooting of Southport Police Lieutenant Aaron Allan on July 27, 2017. The judge will now determine Brown's fate in a bench trial scheduled for February. He faces the possibility of life imprisonment without a chance of parole.

The decision is the latest development in a case that has been pending for more than four years.

According to the police, 38-year-old Allen and a police officer from the Homecroft Police Department were responding to a car accident in the 6600 block of South Madison Avenue in Homecroft shortly before 3 pm. The accident occurred in The 6600 block of South Madison Avenue in Homecroft.

The prosecutor said that when the seat belt was fastened on the driver's seat of the overturned 2004 BMW 325, Brown fired more than a dozen shots at Allen, hitting him 11 times when he tried to climb away. 

Other police officers fired back, shooting Brown in the face and neck. It is not clear what prompted the man to shoot Allen.

In the months after the shooting, then Marion County Attorney Terry Curry stated that his office would seek the death penalty in this case and told reporters: “We will not tolerate public safety officials against us. Attack."

In Indiana, where the death penalty is required for murder, prosecutors must prove certain aggravating circumstances. In this case, Curry said the aggravating circumstances are obvious: the victim was a policeman who lost his life on official duties.

But the prosecutor's office told Indy Star on Monday that the decision to abandon the death penalty request was made "after consultation with Allen's family." A spokesperson declined to comment further. 

Brown’s lawyer Denise Turner stated that the prosecutor’s office was wrong in seeking the death penalty and commented that “the facts of the underlying case do not support the submission of the death penalty”.

Brown did not immediately respond to IndyStar’s request for comment on developments earlier Monday afternoon. 

Allen joined the Southport Police Department in 2011 as part of the all-volunteer staff of reserve officers. At that time, he was an official at the Franklin Township School. He has wanted to be a police officer since he was 5 years old. In 2015, he won the first police officer of the year award from the Southport Police Department. 

In the months after his death, friends and family all remembered that Allen was a public servant who was enthusiastic about public welfare, which complemented his nickname "Teddy Bear". 

In July 2017, Southport Police Chief Tom Vaughn stated: “That’s because he is trying to show true masculinity, but when a citizen or someone needs help, he is the first to show up One." "He didn't always like this nickname, but it suits him."

Brown's bench trial is scheduled for February 7, 2022.

IndyStar reporters Holly Hays and Ryan Martin contributed.

Contact Lawrence Andrea at 317-775-4313 or send an email to landrea@indystar.com. Follow him on Twitter @lawrencegandrea.