James Holmes – Colorado theater shooting

Associated Press
Members of law enforcement wearing body armor and helmets prepare to what ATF sources describe as a"water shot" in the apartment of alleged gunman James Holmes Saturday, July 21, 2012 in Aurora , Colo. The "water shot" is exploded and used to disrupt the device. Authorities reported that 12 died and more than three dozen people were shot during an assault at a movie theatre midnight premiere of "The Dark Knight Rises." (AP Photo/Alex Brandon)

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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.

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.

The same jury last month convicted Holmes of killing 12 people and injuring 70 in the July 2012 attack at a suburban Denver movie theater. Jurors rejected the defense claim that mental illness had so warped his mind that he could not tell right from wrong. (AP)

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