Prosecutor Larry Crouch said, "The basic reason is that there are victims in this case of course the children and the parties that are going to be called to testify in this case and it's just under those circumstances you can't seek the death penalty."
Teresa Voyles, Debbie Hawk's friend said, "I'm OK with that, I just..my mind just goes to the three children that have already lost one parent."
Cameras were not allowed inside the courtroom, but Dave Hawk smiled after hearing the prosecution's decision.
Hawk's attorney Mark Coleman said, "There was a sense of relief everybody involved felt a sense of relief."
Dave Hawk is accused of killing his ex-wife, Debbie in June 2006. Her body has never been found. Prosecutors believe Hawk killed his ex-wife after she discovered he stole more than $300-thousand dollars from his children's trust funds. Prosecutors admit they have no d-n-a evidence to tie Dave to Debbie's murder.
Coleman said, "Dave felt that any jury is going to look at this case and find him not guilty."
The trial was scheduled to start on October 27th, but Hawk's attorney Mark Coleman asked to delay the case because he needs more time to prepare.
Coleman also plans to file a change of venue motion because he doesn't think Dave can get a fair trial in Kings County.
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