Chester County District Attorney Joe Carroll says the June slaying of landscaping business owner Kevin Mengel doesn't meet the conditions required to pursue the death penalty.
Authorities say text messages show 34-year-old Morgan Mengel enlisted the help of her lover, one of her husband's employees, in the slaying. Twenty-one-year-old Stephen Shappell allegedly beat Kevin Mengel to death with a shovel after Morgan Mengel tried to poison him.
Kevin Mengel's body was discovered behind a high school in Newtown Square on June 26.
Both suspects are being held without bail.