A judge in Rapid City, South Dakota Tuesday granted a 90-day extension to the defense attorney of a man accused of murdering three people last year to be notified whether prosecutors will seek the death penalty.

The defense attorney for 36-year-old Arnson Absolu, a New York City man charged with three counts of premeditated first-degree murder for a series of alleged murders in August, asked the judge for the extension so he could investigate circumstances that may mitigate a death penalty sentence and meet with prosecutors, the Rapid City Journal reported. Absolu has pleaded not guilty to the charges, which are punishable by the death penalty or life in prison without parole.

The Pennington County State’s Attorney Office will make a decision on whether to pursue the death penalty after it meets with Absolu’s defense attorney, Timothy Rensch.

If Absolu is convicted, the judge or jury could consider the death penalty if there are aggravating circumstances, such as a murder-for-hire, murder that involved “torture, depravity of the mind or an aggravated battery,” and if the defendant was distributing hard drugs.

The judge or jury would also consider mitigating circumstances, such as the defendant’s childhood experience, mental health or developmental disorders.