The state will not seek the death penalty against Richard Demello in the March 28 murder of Michael Wayne Davis, Halifax County District Attorney Melissa Pelfrey said in court today.

During a lunch break today Pelfrey declined to elaborate, citing code of ethics attorneys must adhere to during ongoing cases.

Demello was indicted in May for first-degree murder, first-degree kidnapping, assault with a deadly weapon and larceny of a motor vehicle.

Demello and Davis met in a North Carolina prison, where they became friends.

Davis was released first, while Demello continued to serve his sentence for several felony breaking and entering convictions.

Demello was released in January and was in touch with Davis, who helped him get back on his feet.

On March 28 authorities say Demello turned on his friend.

A woman phoned police in the early morning hours and told police that she had stayed the night at Davis' house the night before.

She said she woke abruptly between 5 a.m. and 6 a.m. to find a man on top of her, who dragged her into another room in the house.

Demello allegedly already fastened boot laces to the bedpost and used them to tie the woman up.

When she asked the man where her friend Mike was, he replied, "He's not with us anymore," according to authorities.

She told police that the man seemed distressed, but didn't harm her. He told her that he would send someone to get her, then took off.

The woman managed to untie the laces and get to a friend's house in a nearby neighborhood, where she phoned police.

When investigators arrived at the home on Mobley Street where the woman said she'd been assaulted, they found a brutal murder scene.

Davis’ body was wrapped in a sheet after he was struck several times with a blunt object, possibly a hatchet.

Davis died from repeated blunt force trauma to his upper torso.

Demello has a long list of past convictions, including breaking and entering, aggravated rape, assault and battery, kidnapping and larceny.

Aggravating factors for seeking the death penalty in North Carolina

(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)

(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)

(3)The murder was part of a course of conduct in which the defendant engaged

(4) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense

(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value

(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime

(7) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws

(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony

(9) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment

(10) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties

(11)The murder was committed against a witness against the defendant while engaged in the performance of his official duties