GALVESTON, Texas -- The couple accused of killing a toddler found in a box floating in Galveston Bay will not lose their lives if they are convicted on capital murder charges, KPRC Local 2 reported Wednesday.

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Slideshow: Remembering Riley Ann Sawyers

Slideshow Of 'Baby Grace'

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Royce Clyde Zeigler II and Kimberly Trenor have been accused of killing 2-year-old Riley Ann Sawyers at their Spring home on July 24.

Riley's mother, Kimberly Trenor, told investigators that Riley died after hours of being beaten, smothered and having her head pushed under water. She told detectives that they purchased the box at a nearby Wal-Mart, stuffed her body inside and left it inside a storage shed at their home for a month or two before tossing it in the water near the Galveston Causeway.

Galveston County prosecutors said they would not seek the death penalty as punishment if they are convicted.

They said they believe a death sentence would be thrown out on appeal.

"If emotions and just the brutality of the crime alone were the deciding factor in reaching a decision of whether or not we are seeking the death penalty, we wouldn't be having this conversation today," said Kurk Sistrunk with the Galveston County District Attorney's Office.

Sistrunk said he made the decision based on the law -- a 2007 ruling by the Texas Court of Criminal Appeals.

The court overturned a death sentence in a similar case because there was no evidence the child's mother would be a continuing threat to society.

Sistrunk said he does not believe it can be proved that Ziegler or Trenor would be, either.

"After a lot of deliberation and a lot of thought, consultation with other district attorneys across the state, this is our decision and we're bound to abide by it," he said.

In Ohio, Riley's grandmother and birth father agreed with the district attorney's decision, and issued the following statement.

"The death penalty would be too easy. The Sawyers prefer that he spend the rest of his life in prison thinking about Riley's death."

Ziegler's defense attorney welcomed the decision.

"We're happy they're not seeking the death penalty, but we still have the capital murder trial to try," Neal Davis III said.

Zeigler was given a trial date of Nov. 3. Trenor will appear in court on Thursday to have her trial date scheduled.

Trenor and Zeigler face additional charges of tampering with evidence.

If convicted of capital murder, they face a maximum sentence of life in prison without parole.

A fisherman found Riley's remains on Oct. 29. It took about a month to identify her, during which time deputies called her "Baby Grace."

She was laid to rest in her home state of Ohio in January.

More Information:

Probable Cause Affidavit For Kimberly Dawn Trenor
Probable Cause Affidavit For Royce Zeigler II