A North Carolina man faces the death penalty in the death of his girlfriend’s 3-year-old girl, whose disappearance sparked a five-day search.

The StarNews of Wilmington reports that Fourth Prosecutorial District Attorney Ernie Lee announced that he intends to declare the first-degree murder case of Mariah Woods as capital and will seek the death penalty against Adolphus “Earl” Kimrey II, citing aggravating circumstances.

The girl’s body was found in a creek, and an autopsy determined she died of chloroform poisoning.

Kimrey was first initially charged with lesser crimes Dec. 2, including concealing a death. He was indicted earlier this week on charges including first-degree murder and felony child abuse inflicting serious bodily injury.

It’s unclear whether he has a lawyer.