U.S. Attorney General John Ashcroft will not seek the death penalty for at least five more of 14 alleged members of a human smuggling ring accused in the deaths of 19 immigrants among 74 packed into a sweltering, air-tight trailer, the Houston Chronicle reports.

Ashcroft said prosecutors lacked sufficient evidence to prove beyond a reasonable doubt the five intended to cause the deaths, U.S. Attorney Michael Shelby of Houston said Dec 1.

If convicted, the five could be sentenced to life imprisonment. Nine defendants in custody are scheduled to be tried together.

Ashcroft has 60 more days to decide whether to seek the death penalty for the driver, Tyrone Williams, accused of abandoning the trailer in Victoria May 14 after discovering the bodies.

The government announced last month it would not seek the death penalty for Fatima Holloway, who rode with Williams.

"I feel very relieved for my client," said John LaGrappe, attorney for Karla Patricia Chavez Joya, alleged leader of the smuggling ring. LaGrappe said defense attorneys would seek separate trials.

"Obviously we're elated," said Ali Reza Fazel, attorney for Claudia Carrizales de Villa, accused of using her apartment as a safe house for smuggled immigrants.

Also included in Ashcroft's decision are Abelardo Flores, who allegedly hired the truck driver; Victor Jesus Rodriguez, accused of transporting the immigrants to a safe house before they were loaded onto the truck; and Norma Gonzalez Sanchez, accused of arranging to smuggle two of the immigrants, one of whom died.

Juan Carlos Don Juan and Erica Cardenas are not eligible for the death penalty because they are not directly linked to the events leading to the deaths.