James Holmes Jury Decides to Keep Execution an Option

Jurors in the Colorado theater shooting trial declined to rule out the death penalty Monday as they move toward sentencing James Holmes, finding his defense failed to persuade them to show him mercy.

Holmes, 27, entered an Aurora, Colorado theater at 12:15 a.m. on July 20, 2012 and opened fire upon defenseless moviegoers gathered for a showing of "The Dark Knight Rises."

The decision clears the way for a last plea from both sides, including what is expected to be gripping and emotional testimony from victims about the harm and suffering Holmes caused with his slaughter.

After those arguments, the jury will make its final decision on whether the 27-year-old should die by lethal injection or spend the rest of his life in prison.

Colorado Shooting Vigil
AP
Family members of the victims of Friday's mass shooting in Aurora, Colo., comfort each other, Sunday, July 22, 2012, in Aurora, Colo., during a prayer vigil for the victims.

Last week, jurors heard from family members and friends of James Holmes, who grew up in Rancho Penasquitos outside of San Diego, Calif.

Defense attorneys called his parents, Robert and Arlene Holmes and other witnesses in an attempt to show mental illness reduced his moral culpability.

"Schizophrenia chose him he didn't choose it," Arlene Holmes testified about her son who she refers to as "Jimmy."

Colorado Shooting
AP Photo/The Denver Post, RJ Sangosti, Pool
Robert and Arlene Holmes, parents of Aurora theater shooting suspect James Holmes (inset), walk from the courtroom at the Arapahoe County Justice Center for a hearing, July 22, 2014.

The family has lived in Rancho Penasquitos since James was a child. James attended Westview High School where he competed in soccer. He then decided to study neuroscience at University of Colorado.

Jurors returned Monday with the verdict after less than two and a half hours of deliberation. The panel met for an hour last week and almost 90 minutes on Monday.

Because the sentencing enters a third phase, victims and their relatives will be called to testify and will describe the impacts of Holmes' crimes.

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