Prosecutors on Monday offered the man suspected in the Interstate 35 rock throwings 40 years in jail to plead guilty.

According to KVUE’s partners at the Austin American-Statesman, Patrick Johnson, 60, did not make a decision when the deal was presented in court.

Johnson was sentenced to 99 years in prison on an unrelated conviction of sexual assault of a minor. In letters obtained by KVUE and the Statesman in October, Johnson indicated he would like to confess.

The Statesman reported that the judge in Johnson’s sex assault trial denied his request to plead guilty to the rock-throwing charges because the attorney he has for that case was not present.

Johnson is due in court again Nov. 10.