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Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

‘Batman’ Shooter Jury Finds Cause for Death Penalty

DENVER (CN) - "Batman" mass shooter James Holmes is eligible for the death penalty, a Denver jury found on Monday afternoon.

In this second phase of sentencing, the jury had to weigh the mitigating factors against the aggravating factors to determine whether Holmes, who killed 12 and injured 70 in an Aurora movie theater, should a life sentence or face execution.

The jury found the aggravating factors - killing a child under the age of 12 and creating a "grave risk of death" in a theater with over 400 people - outweighed the mitigating factors, which include Holmes' schizoaffective disorder diagnosis.

Holmes will now move on to the third sentencing phase - the final in Colorado's death penalty sentencing procedures.

A life sentence remains possible, although the death penalty has not been taken off the table after two separate phases of sentencing. The jury found Holmes guilty of all 165 charges of murder and possession of explosives on July 16.

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