The man and woman accused of kidnapping and murdering 3-year-old Kamille “Cupcake” McKinney in Birmingham nearly three years ago will not face the death penalty in federal court.

U.S. Attorney Prim F. Escalona announced that the federal government would not seek the death penalty against either Patrick Stallworth, 42, or Derick Irisha Brown, 31. While both Stallworth and Brown are facing state capital murder and kidnapping charges in the death McKinney, they are only facing kidnapping charges in federal court.

McKinney, called “Cupcake” by relatives, vanished on the evening of Oct. 12, 2019, while playing outside at the Tom Brown Village Housing Community.

Within a couple of days, Stallworth and Brown were brought in and questioned in the case.

Police found her body 10 days later in a dumpster at a county landfill. An examination of McKinney determined that she had died from asphyxiation.

Stallworth and Brown were charged with capital murder and taken to the Jefferson County Jail. On July 29, 2020, the couple were indicted on federal charges of kidnapping and conspiracy to kidnap a minor.

Stallworth and Brown are facing life in prison on their federal charges. However, they are still facing the possibility of the death penalty in state court due to being charged with capital murder.