Aurora gunman James Holmes will serve life in jail without the possibility of parole for killing 12 people at a screening of a Batman film in 2012, a Colorado jury has ruled.
James Holmes’ defense team had argued that the former neuroscience graduate student, now 27, was insane at the time.
The jury agreed with prosecutors that James Holmes, though mentally ill, was responsible for his actions. But the jury was not unanimous on the death penalty.
That lack of agreement meant the jury accepted James Holmes would receive an automatic life sentence without parole.
One juror later told NBC News that two members of the jury were “on the fence” about the death penalty but that another was adamantly opposed on the grounds of mental illness.
“We ended our deliberations when one absolutely would not move,” the juror said.
Photo CBS
The decision of the jury – a panel of nine women and three men – was revealed by Judge Carlos Samour in a courtroom in the city of Centennial on August 7.
As the verdict was read out, James Holmes’ mother Arlene leaned her head against her husband’s shoulder and began sobbing, the AP news agency reported.
Ashley Moser, whose 6-year-old daughter died in the attack and who was herself paralyzed, shook her head and then slowly leaned it against the wheelchair of another paralyzed victim.
District Attorney George Brauchler said: “I still think death is justice for what that guy did, but the system said otherwise. I honor that, and I’ll respect that outcome.”
During his three-month trial, James Holmes declined to testify in his own defense or to make a statement expressing his remorse.
The sentence is expected to be imposed formally at a later hearing.
In July, James Holmes was convicted on 165 counts of murder, attempted murder and an explosives charge over the shootings in Aurora, Colorado.
Families of victims had appeared to be conflicted over whether he should get the death penalty. Some were worried about the long appeal process that often follows a death sentence.
On July 20, 2012, James Holmes slipped into a midnight screening of Batman movie The Dark Knight Rises armed with an assault rifle, a shotgun and a pistol.
He threw smoke canisters and shot at people trying to escape.
Prosecutors argued the attack was clearly premeditated, with James Holmes planning and amassing weapons for months, as well as booby-trapping his apartment to kill anyone who tried to enter.
Aurora shooting suspect James Holmes, who shot and killed 12 people in a theater in 2012, was found sane by two experts immediately following the attack, prosecutors say.
James Holmes, 27, has admitted the killings, but pleaded not guilty on grounds of insanity.
He opened fire during the midnight premiere of a Batman movie in Aurora, Colorado, in July 2012.
Officials say he was wearing body armor, threw smoke canisters and shot at people trying to escape.
If the jury finds him not guilty on grounds of insanity, James Holmes will spend the rest of his life in a mental institution for the criminally insane.
Otherwise James Holmes faces the death penalty.
During opening statements on April 27, District Attorney George Brauchler said both mental health evaluators agreed on James Holmes’ mental state at the time of the attack.
“Both of them said the same thing – that the guy was sane when he tried to murder all those people in the theatre,” he said.
Prosecutors have argued the attack was clearly premeditated, with James Holmes planning and amassing weapons for months, as well as elaborately booby-trapping his apartment to kill anyone who tried to enter.
His parents wrote a letter to the Denver Post in December calling for his life to the spared.
Robert and Arlene Holmes said their son was “not a monster”, but suffers from severe mental illness.
The trial comes after two and a half years of complicated legal questions related to the death penalty and the insanity plea, and after nearly three months of jury selection.
The mental health evaluations could be a key factor. Judge Carlos Samour ordered a second mental health exam after prosecutors said the first one was biased. Defense lawyers objected to a second test.
At the time of the shooting, James Holmes was a graduate student in neuroscience at the University of Colorado in Denver, but was withdrawing from his studies after failing a key exam.
When he was arrested, James Holmes’ hair had been dyed red in an apparent reference to the Joker, a Batman villain.
James Holmes appeared dazed in his first court appearance, and cameras were banned from further hearings.
The parents of James Holmes, the man charged with killing 12 people in the 2012 Aurora theatre massacre, have pleaded he be spared the death penalty.
Robert and Arlene Holmes wrote a letter to the Denver Post, saying their son is “not a monster”.
They instead argue James Holmes suffers from severe mental illness.
The suspect has pleaded not guilty by reason of insanity to killing 12 and injuring 70 in the 2012 attack at a movie theatre outside Denver.
“We have spent every moment for more than two years thinking about those who were injured, and the families and friends of the deceased who were killed,” the couple wrote.
They say James Holmes should be treated for mental illness at an institution for the remainder of his life, thus preventing any harm to him or others and avoiding the trauma of a public trial.
“We do not know how many victims of the theatre shooting would like to see our son killed,” they add.
“But we are aware of people’s sentiments.”
The letter is the first statement from the couple regarding their son since immediately after the attack. They have not disclosed details of James Holmes’ mental condition.
James Holmes is charged in connection with a mass shooting – one of the worst in American history – at a midnight screening of a Batman film in Aurora.
At the time of the shooting, James Holmes was a graduate student in neuroscience at the University of Colorado in Denver, but was withdrawing from his studies after failing a key exam.
Prosecutors have argued James Holmes methodically planned the shooting for months, amassing weapons and elaborately booby-trapping his apartment to kill anyone who tried to enter.
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