Multnomah County prosecutors say they don’t believe Jeremy Christian, accused of fatally stabbing two strangers on a MAX train, can be tried for aggravated murder or be sentenced to death given a new law passed by the state Legislature this year.

Senate Bill 1013 significantly pared down when a defendant can be tried for aggravated murder and sent to death row.

In a court filing Wednesday, prosecutors agreed with a position aired by defense attorneys earlier this month. Prosecutor Jeff Howes asked the judge presiding over the case to amend the charges against Christian to two counts of first-degree murder in the deaths of Ricky Best and Taliesin Namkai-Meche.

Police and witnesses say Christian stabbed both men in the neck as the train pulled into the Hollywood MAX station on May 26, 2017. Christian also stabbed a third passenger, Micah Fletcher, who survived.

Howes asked the judge to amend another charge against Christian to attempted first-degree murder in the attack on Fletcher.

Multnomah County Circuit Judge Cheryl Albrecht could rule on the requests from the defense and the prosecution during a hearing scheduled Friday.

Under the new law, which took effect Sept. 29, defendants can be tried and convicted of aggravated murder only under the following circumstances: They’ve killed two or more people as an act of organized terrorism; intentionally killed a child younger than 14 with premeditation; killed another person while in jail or prison for a previous murder; or killed a police, correctional or probation officer.

Although Christian is accused of killing two people, he no longer appears to be eligible for aggravated murder charges because all evidence -- at least that available publicly -- shows he acted on his own and not as part of an organized act of terrorism.

The new law created the crime of first-degree murder, which calls for sentences ranging from life in prison with a 30-year minimum to a true life prison term.

Christian’s trial is currently scheduled for eight weeks starting in January. Given the pending changes to his charges, the trial’s length likely would be significantly shortened.

-- Aimee Green

agreen@oregonian.com

o_aimee

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