The Minnehaha County States Attorney's office filed the paperwork on that decision Monday.
Police say 41-year-old McVay stabbed Schein to death in her Sioux Falls home and then stole her car.
We talked to Schein's cousin, Robin Prunty on the phone. She didn't want to go on camera.
Here's what she had to say when we ask her about the state seeking the death penalty.
"That's not the direction I want it to go. Being in prison for the rest of his life is OK and enough. Do we need to put him to death? I don't think so. It won't make me feel any better," Robin Prunty said.