WASHINGTON — A grand jury on Tuesday indicted a man who prosecutors say shot and killed an FBI officer who was leaving his Stafford County home in April.

A grand jury indicted Antoine Gray Johnson, 26, on capital murder charges for the April 27th shooting of FBI officer Jeremy Brown.

Investigators say Brown was in uniform and leaving his home early that morning when he was shot and killed.

The neighbors told investigators what they saw and shortly after, a sheriff’s deputy stopped and arrested Johnson who had a similar caliber gun to what was used in the shooting in his car.

Johnson told investigators he was a scorned lover following a recent break up with Brown, reports Fredericksburg.com.

Prosecutors say they won’t seek the death penalty, but if convicted, Johnson will face life in prison without the possibility of parole.

“The original charge of first degree murder has been upgraded to capital murder, alleging that the murder was committed during the commission of an attempted robbery,” writes Commonwealth’s Attorney for Stafford County Eric L. Olsen in a release.

Olsen says the decision to seek a capital murder case and not the death penalty was a “serious and sobering decision” and it was discussed with Brown’s family.