Originally Published: 26 JUN 23 17:27 ET

Updated: 27 JUN 23 17:56 ET

By Taylor Romine and Holly Yan, CNN

(CNN) — The man accused of fatally stabbing four University of Idaho students could be executed by firing squad if he’s convicted and sentenced to death – and if the state cannot obtain the drugs necessary for a lethal injection.

Latah County prosecutors will seek the death penalty for Bryan Kohberger, who is accused of killing the four students last November at an off-campus home in Moscow, according to a court document filed Monday.

Kohberger faces four counts of first-degree murder and one count of burglary in the November 13 killings of students Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20.

CNN has reached out to Kohberger’s attorneys for comment.

A not guilty plea was entered on Kohberger’s behalf by an Idaho judge at a May hearing. Kohberger’s trial date is set for October 2 and is expected to last about six weeks.

In March, Idaho Gov. Brad Little signed a new law giving the state’s department of corrections up to five days after a death warrant is issued to determine if lethal injection drugs are available, according to the Death Penalty Information Center. If the drugs are not available, a firing squad can perform the execution.

Idaho’s new law goes into effect July 1, joining similar laws in Mississippi, Utah and Oklahoma. Lethal injection drugs have become harder to get as some manufacturers don’t want their products used in executions.

Kohberger, a criminal justice student, was arrested at his parents’ home in Pennsylvania almost seven weeks after the killings in Idaho.

The prosecution “has not identified or been provided with any mitigating circumstances” to stop it from considering the death penalty, according to the court document filed Monday.

“Consequently, considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty,” the filing states.

The prosecution will continue to “review additional information as it is received” and reserves the right to amend or withdraw the notice, according to the filing.