SALEM, Ore. (AP) – After spending a decade in and out of jail, waiting years on death row and having his death sentence overturned, a 41-year-old convicted murderer will be sentenced to life in prison without the possibility of parole.

The Statesman Journal reports Isacc Agee agreed to waive his right to a jury sentencing Monday.

The Oregon Supreme Court in 2015 affirmed Agee’s conviction but overturned his death sentence, ordering a new hearing to determine whether he is intellectually disabled.

After speaking with investigators and the victim’s family, prosecutors decided against continuing to seek the death penalty.

In 2008, prison officials found Agee and another inmate beating Antonio Barrantes-Vasquez in his Oregon State Penitentiary prison cell.

Agee was serving a 40-year sentence for attempted murder and assault at the time.

Information from: Statesman Journal, http://www.statesmanjournal.com

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