CASPER, Wyo. (AP) — A Wyoming prosecutor plans to seek the death penalty for the rape and killing of a Montana woman more than 30 years ago.

KTWO-AM reported Tuesday that Natrona County District Attorney Dan Itzen will seek capital punishment for 74-year-old Dale Wayne Eaton.

Eaton was convicted in 2004 for the 1988 killing of 18-year-old Lisa Marie Kimmell of Billings, Montana.

Kimmell disappeared while driving across Wyoming and her body was found in the North Platte River.

Eaton was connected to the case through DNA evidence and spent a decade on death row before a federal judge overturned his death sentence in 2014.

A federal appeals court ruled in July that Eaton can still be subject to the death penalty.

Eaton’s attorney did not immediately respond to a request for comment Wednesday.

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Information from: KTWO-AM, http://www.k2radio.com/