(CNN) Prosecutors will not seek the death penalty against Patrick Frazee, a Colorado man accused of killing the mother of his child.

Prosecutors had until Friday, 90 days after Frazee entered his plea, to file a motion stating their intent to pursue capital punishment in the case.

Lee Richards, a spokeswoman for the 4th Judicial District Attorney's Office, confirmed to CNN on Monday that prosecutors did not file a motion. Prosecutors will explain their decision at a hearing on August 23, Richards said.

Berreth went missing last Thanksgiving Day near Woodland Park, a city between Denver and Colorado Springs. Her body has not been found.

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