The North Charleston, South Carolina policeman who was filmed April 4 shooting a fleeing suspect in the back is not eligible for the death penalty, prosecutors say.

Ninth Circuit Solicitor Scarlett Wilson said there are no so-called "aggravating circumstances" present for the authorities to even consider the ultimate punishment for a shooting death that was viewed millions of times on social media and broadcast and cable television.

"Based on the facts revealed thus far, it does not appear South Carolina's death penalty provision applies in this case because there are no statutory 'aggravating circumstances' present," Wilson said in a statement.

There are 22 such circumstances under the law, including committing murder in the commission of another felony, such as rape, robbery, kidnapping. Condemned inmates in South Carolina are executed via lethal injection.

"Under South Carolina law, this case is not death penalty-eligible," Wilson said. "There are aggravating circumstances which can take a murder case from being a maximum of life to death being the maximum sentence. None of those factors are present in this case.”

More audio recorded in the immediate aftermath of the shooting of Walter Scott has surfaced, too.

In sound captured from a dash cam inside Slager's police vehicle, he is overheard making a phone call to his wife.

"Hey. Hey, everything's OK. OK? I just shot somebody," Slager says, according to the recording.

"He grabbed my Taser, yeah. Yeah," he says, according to the recording. "He was running from me... I'm fine."

The Supreme Court ruled in 1985 that deadly force "may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

But the video of the shooting, captured by a 23-year-old man who was walking to work, does not show the 50-year-old Scott with a Taser as he fled. The video, however, does show the officer dropping a small black object adjacent to Scott's body.

Feidin Santana turned the film over to the dead man's family after concluding that what the police were saying about the shooting didn't square with what he witnessed.

Slager is accused of murder. If convicted, he faces a 30-year-to-life prison term. He is being held without bond.

The officer had pulled over Scott for a tail light infraction. Dash cam video shows the man fleeing the scene. Slager gave chase. The Scott family suggested he fled because of an outstanding warrant for unpaid child support. Scott's passenger, Pierre Fulton, said in a statement (PDF) that "I'll never know why he ran, but I know he didn't deserve to die."

Scott was shot five times in the back. Before the video surfaced, North Charleston police said there was a tussle between Scott and Slager and that Scott gained control of the Taser and attempted to use it against the officer.

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