SAN DIEGO – The District Attorney's Office will not seek the death penalty against Nathaniel Gann, who along with his sister is charged with murder in the slaying of their stepfather, the prosecutor in the case said Friday.

Gann, 20, and sister Brae Hansen, 19, are scheduled to stand trial Oct. 29 for the fatal shooting of Timothy MacNeil, 63.

The decision to not seek the death penalty was ultimately made by District Attorney Bonnie Dumanis based on the facts of the case, Gann's age and his lack of a criminal record, prosecutor George Bennett said in an interview.

Because Hansen was 17 at the time of the crime, she is not eligible for the death penalty and faces a maximum sentence of life in prison without the possibility of parole if convicted.

The siblings are accused of killing MacNeil on July 19, 2007, during a phony home-invasion robbery, according to police. The pair's motive was to get to their inheritence, according to police.

– Kristina Davis