The Boyle County grand jury returned a murder indictment against Jack A. Caldwell Sr., who is charged in the shooting death of his neighbor.
The next step in the legal process is Caldwell's arraignment, expected to be Nov. 1.
Commonwealth's Attorney Richie Bottoms said the death penalty will not be sought because the aggravating factors required are not met in this case. The indictment was returned late Friday.
Caldwell is accused of shooting Jim Trachsel, a retired educator, on Aug. 22. Caldwell and Trachsel lived next to each other on Boone Trail.
After investigating the shooting, Danville police said there was a long-running property dispute between the two men and that is what prompted Caldwell to shoot Trachsel while he was mowing his yard. Attorneys for Caldwell maintain he was startled by the lawn mower coming up behind him and fired in self defense.