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COLORADO SPRINGS, COLO. -- Prosecutors decided not to seek the death penalty in the case of convicted police killer Marco Lee.

The question is why?

On Dec. 4, 2006, Lee shot DUI Officer Ken Jordan to death. Then, Dec. 19, 2008, after a two-year investigation, the district attorney decided he didn't have a strong enough case for the death penalty.

Instead Lee took a plea deal, leaving him with a life sentence plus 167 years, sparing Lee from a possible death sentence.

No one, not even Lee, is disputing he shot and killed officer Ken Jordan and then tried to kill two other back-up officers.

So in a case where many people were hoping for the death penalty, why did prosecutors not even take the case to trial?

"For the most part, it is next to impossible to get the death penalty in this state," said District Attorney John Newsome.

In fact only one person has been executed in Colorado since the 1960s.

Assuming a conviction, under Colorado law there are four steps to a death penalty case.

First, the prosecution would have said why Lee should be put to death.

Next, the defense would have presented factors as to why he shouldn't. This is where prosecutors were concerned.

The two main reasons Lee's defense could have raised included his blood alcohol level, which was about .266. In Colorado that can be used to dispute intent.

His relatively minor criminal background could also be used to sway the jury.

"Do you have enough to overcome the mitigation? In this case we consulted other DA's offices throughout the state. Reporters consulted with outside agencies, and it was our opinion we could not," said Newsome.

Even if prosecutors did sway the jury on the facts, the final step would have allowed jurors to decide, facts aside, based on their own moral opinion, if Lee should be sentenced to death.

"It was very hard. The people elected the legislature and that's the law we have in place," said Newsome.

Some say justice was served on Friday because there is no doubt Lee will die in prison.

The family is upset the District Attorney's office did not seek the death penalty.