Prosecutors will not attempt to seek the death penalty for a University of Maryland student accused of killing a black Bowie State University student , according to a report.

WTOP reports that the Federal Bureau of Investigation says they failed to find enough evidence to warrant federal hate crime charges against Sean Urbanski, accused of killing U.S. Army Lieutenant Richard Collins III.

Urbanski still faces charges for first-degree murder and committing a hate crime resulting in death in the state of Maryland, according to the report. However, the max penalty for convictions on those charges is life in prison with no chance of parole (murder) and 20 years (hate crime). It would take federal charges to make him eligible for execution.