COLUMBUS (WCMH) — Franklin County Prosecutor Ron O’Brien says he will be seeking the death penalty against Michael Slager in the death of Judy Malinowski.

O’Brien announced Monday that a Franklin County Grand Jury had returned a capital indictment against Slager, 42, on two counts of aggravated murder with death penalty specifications, and two counts of murder in the case involving Malinowski.

O’Brien called this case unprecedented. That’s because Malinowski testified against her killer before she died. It’s something O’Brien said he’s never seen done in the state of Ohio.

Slager is charged with two counts of murder and two counts of aggravated murder. O’Brien said he’ll be arraigned on the new charges on Wednesday or Friday of this week. He said the new trial will likely be next summer.

O’Brien said he thinks Malinwoski’s testimony is admissible during the trail. Regardless, he said they have sufficient evidence against Slager, even without the deposition.

“I think for sure the defense council, whether it’s Mr. Krapenc or other defense attorneys, will fight like heck to keep that testimony of the victim excluded from any subsequent jury trial,” O’Brien said.

 Slager will brought back to Columbus for the arraignment from the Toledo Correctional Institute, where he is serving an 11-year sentence for aggravated arson.