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A judge on Thursday refused to permit the death penalty for a man who was killed two days after a man tried to kill him outside a Planned Parenthood of New York abortion clinic, despite the man’s family calling the city’s anti-violence stance to its face.

The judge in the case of Eric Dee Smith, 44, died after complications triggered by the incident when his girlfriend reported him missing. Smith’s ex-wife was not arrested on suspicion of murder, according to the New York Daily News, but a judge ordered police to pursue his case.

Smith’s relatives say they have fought to prevent his execution but still demand an execution for Smith.

The shooting triggered intense protests across the West, most recently across California, and was one of a series of attacks that erupted the following weekend after one of the city’s law enforcement officials announced that the city would no longer seek revenge against Smith in this year’s legislative session.

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Smith’s case is one likely target for a state appeals court to overturn a 2013 decision affirming a decision the judge reversed last year in favour of Smith’s family.

Police shot and killed Smith at a police station after they noticed an alleged intruder who was trying to rob them of their car.

When we arrived, they noticed that we were a small white male, approximately 20 to 25 years of age, with black hair flowing his way, said New York police spokesman Sgt. Steve Warren with the New York Metropolitan Police Department in an e-mail. After we made a mental assessment about the individuals in our unit, there occurred a physical altercation. These events were part of the attempt to enter our building and break into our home.

Warren added that police have established that the police who opened fire were using illegal firearms. They also say that their officers are aware of Smith’s potential for harm and are working with the Department of Corrections and Youth Services to deal with similar incidents over the next

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