That lack of agreement meant the jury accepted he would receive an automatic life sentence without parole.
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For a capital punishment to be approved in Colorado, it requires an unanimous verdict, but the jury of three men and nine women failed to agree on the desition.
Two of the other three men on death row, Robert Ray and Sir Mario Owens, were sentenced in 2009 and 2008, respectively, and their appeals have yet to reach the state Supreme Court.
Holmes’ lawyer previously tried to get him a not guilty verdict by reason of insanity.
As the verdict was read out bearded Holmes, dressed in khaki coloured chinos and and matching shirt, stood with his hands in his pockets showing no sign of emotion. James Holmes will be formally sentenced at a later hearing, where both Holmes and the families of the victims will have the opportunity to address Judge Carlos Samour, Jr.
The deaths can not be answered by another death, and Holmes would be punished for the remainder of his days under a life sentence, she said. At least one juror agreed – the jury’s verdict did not detail the split over Holmes’ fate. There was nothing further to discuss at that point.
A mix of anger and acceptance in Colorado accompanied the jury’s verdict in the case of James Holmes, who shot and killed 12 people and wounded 70 others inside a movie theater in Aurora, Colorado, three years ago. Nevertheless, Juror 17 said the issue of mental illness hung over the jury during the sentencing.
A psychiatrist who testified that Holmes knew the difference between right and wrong, and therefore was sane under Colorado law, also said Holmes would not have carried out the attack if he had not been mentally ill.
The jury began deliberating late Thursday.
Some of the survivors and victims’ family members accepted the jury’s decision. When asked if he had an accomplice, he replied: “No, it’s just me”.
With mass shootings and odious crimes being recently and historically executed across our country, it is crucial that we instill the expectation in the minds of Americans that these criminals will be brought to justice in the way that correlates with the severity of the crimes they commit. For the families, you’ve lost somebody.
Public support for the death penalty has varied over the years, dropping to a low of 42 percent in 1966 and climbing to a high of 80 percent in 1994, according to Gallup. He will now spend the rest of his life in jail.
Ashley Moser, whose 6-year-old daughter was killed, sat in her wheelchair after being paralyzed by Holmes’ bullets.
The father of victim Alex Sullivan was grateful the painful court proceedings were over. “I am not really surprised. Life without parole I guess is bad, but like I said, maybe that’s fine by them”, said David McCain of Erie.
“Look at the evidence then hold this man accountable”, Arapahoe County District Attorney George Brauchler said in his remarks. But he commended the jurors, saying they “did a hell of a job”.
Similarly, Lonnie and Sandy Phillips, parents of the 24-year-old victim Jessica Ghawi, said that “when this started we weren’t big believers in the death penalty“, although they understood Brauchler’s decision to seek it.
“I don’t think there’s any doubt that he got what he wanted”, the prosecutor said of the gunman.
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He said he has apologized to the victims’ families for failing to win a death sentence and added that he doesn’t regret not accepting a plea deal earlier with strings attached for Holmes.
