Live updates: Jury keeps Colorado theater shooter death penalty option on table

The jury has decided to keep the death penalty as an option for the Colorado theater shooter. Arapahoe County District Judge Carlos Samour announced the decision Monday afternoon.

In Phase 2 of the sentencing, jurors were asked to decide if James Holmes’ mental illness and lack of a criminal record outweighed the heinousness of killing 12 people and wounding 70 others.

With the jury deciding unanimously that mitigating factors didn’t offset the rampage, sentencing moves to a third and final stage that will begin Tuesday at 10 a.m. MT time.


In Phase 3, survivors of the shooting and relatives of the deceased will have an opportunity to tell the jury about how the rampage has impacted their lives.

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