Prosecutors said Wednesday they will not seek the death penalty against Michael Roseboro, a 41-year-old funeral director accused of killing his wife in July.

Lancaster County District Attorney Craig Stedman said the circumstances of the case do not fit the criteria for a death-penalty case as outlined in the Pennsylvania Crimes Code.

Roseboro has been incarcerated at Lancaster County Prison since he was arrested Aug. 3 and charged with criminal homicide.

He is accused of beating and strangling his wife, 45-year-old Jan Roseboro, and then dumping her body in the family's swimming pool on July 22.

The Roseboros lived with their four children at 107 W. Main St., Reinholds.

Prosecutors allege Roseboro killed his wife so he could be with his alleged mistress, Angela Funk. At a preliminary hearing last month, Funk testified that she and Roseboro had sex just hours before Jan Roseboro was killed. Roseboro and Funk, both of whom were married, had even discussed wedding plans, according to Funk's testimony.

Stedman said Wednesday afternoon that the alleged killing did not fit any of the 18 aggravated circumstances that would allow him to seek the death penalty.

"There are a limited number of aggravated circumstances that would allow someone to file for the death penalty," Stedman said. "We went through each and every one of them, and none of them apply in this case."

The 18 factors are outlined in the Crimes Code.

They include killing a child, a public service officer, a pregnant woman or a witness in a felony case.

Killings for hire, killings for ransom, and those done using torture also qualify, according to the Code.

Defendants with prior violent felony convictions also are eligible for the death penalty if convicted of first-degree murder.

Roseboro has no criminal record.

After scouring the code, Stedman said he found no justification for seeking death if Roseboro is convicted of first-degree murder for killing his wife.

"Under the laws of Pennsylvania, the death penalty is not an option," he said. "It doesn't diminish the crime in any way, it's just something we will not be pursuing in this case."

Prosecutors allege Roseboro killed his wife while three of their children slept in the home. The fourth child was at a friend's house. After the killing, Roseboro made an effort to clean up the crime scene, according to prior testimony. He dimmed the patio lights during the clean-up, then called 911 and reported his wife's "drowning" just after 11 p.m.

Stedman said the death penalty was considered an option before an extended review of the crimes code.

"Sometimes (the death penalty) might apply, and we choose not to pursue it," Stedman said. "That's not this case."

Roseboro waived a formal arraignment that was scheduled Wednesday. He will likely face trial next year.

E-mail: bhambright@lnpnews.com