The federal government will not seek the death penalty against a 60-year-old driver at the center of a human smuggling case that killed 10 people in San Antonio, the U.S. Attorney’s Office announced.

James Bradley Jr. will not be sentenced to death, according to U.S. Attorney General Richard Durban, Jr., but will face additional charges in the case after a grand jury returned a superseding indictment Wednesday.

The indictment also charged 47-year-old Pedro Silva Seguara, an undocumented alien, in connection to transporting and harboring undocumented aliens for financial gain resulting in serious bodily injury. Segura faces life imprisonment or the death penalty.

In July, authorities were called to the Walmart store near Interstate 35 in San Antonio. According to the criminal complaint, Bradley told police the trailer he was hauling had been sold and he was “unaware” of its contents. He said he stopped at the Walmart and exited the vehicle to relieve himself when he heard “banging and shaking” in the trailer.

Survivors told authorities people began passing out, hitting trailer walls and making noise to get the driver’s attention.