Federal prosecutors have announced murder charges against Rahmanullah Lakanwal, accused of shooting National Guard members in Washington last year. If convicted, he might face the death penalty.

Lakanwal pleaded not guilty to both last year’s charges and new charges issued by a federal grand jury. Previously, he was charged with first-degree murder under D.C. law, which does not permit the death penalty. However, the current federal charges could lead to a different outcome.

During a hearing, a government lawyer stated that the Justice Department is reviewing evidence to decide on pursuing the death penalty. The process’s timeline is uncertain. The case of Elias Rodriguez, accused of killing Israeli embassy staff and facing a similar penalty decision, was cited as a reference. U.S. Attorney Jeanine Pirro previously indicated pursuing the death penalty in Rodriguez’s case.

Lakanwal, originally from Afghanistan, entered the U.S. under an asylum program coordinated by the Biden administration. He is accused of murdering National Guard specialist Sarah Beckstrom and shooting Air Force Staff Sgt. Andrew Wolfe. Two other Guard members, identified only by initials, subdued Lakanwal after the incident.

Beckstrom and Wolfe were part of the West Virginia National Guard, deployed as part of a surge ordered by President Trump. Prosecutors are reviewing extensive video evidence from body and surveillance cameras.

Judge Amit P. Mehta has scheduled a reconvene for September 16. Lakanwal, appearing in court in a wheelchair and through a translator, listened as the charges were read.