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James Holmes death penalty case: Jury reaches verdict US cinema gunman James Holmes spared death penalty
(about 3 hours later)
Jurors have decided whether to sentence Colorado cinema gunman James Holmes to death or send him to prison for the rest of his life. A jury in the US state of Colorado has spared gunman James Holmes the death penalty for killing 12 people at a screening of a Batman film in 2012.
Holmes, a former neuroscience graduate student, killed 12 people and wounded 70 others during a late night screening of a Batman film in 2012. He will serve life in jail without the possibility of parole.
The decision will be announced at 5pm local time (23:00 GMT) in a courtroom in Centennial, Colorado. The defence team had argued that the former neuroscience graduate student, now 27, was insane at the time.
His defence team had argued that he was insane at the time of the shootings. The jury agreed with prosecutors that Holmes, though mentally ill, was responsible for his actions. But it was not unanimous on the death penalty.
But prosecutors said that Holmes, though mentally ill, was responsible for his actions, and the jury agreed. That lack of agreement meant the jury accepted he would receive an automatic life sentence without parole.
He will only receive the death sentence if the jury is unanimous. The jury's decision was revealed by Judge Carlos Samour in a courtroom in the city of Centennial on Friday.
The sentence is expected to be imposed formally at a later hearing.
Appeals process
In July, Holmes was convicted on 165 counts of murder, attempted murder and an explosives charge.In July, Holmes was convicted on 165 counts of murder, attempted murder and an explosives charge.
Families of victims appear to be conflicted over whether Holmes should get the death penalty. Some are worried about the long process of appeals that often follow a death sentence and want closure in the case more quickly. Families of victims had appeared to be conflicted over whether Holmes should get the death penalty.
On 20 July 2012, he slipped into a midnight screening of Batman film, The Dark Knight Rises, in Aurora, Colorado, armed with an assault rifle, a shotgun and a pistol. Some were worried about the long process of appeals that often follow a death sentence and wanted closure in the case more quickly.
On 20 July 2012, Holmes slipped into a midnight screening of Batman film, The Dark Knight Rises, in Aurora, Colorado, armed with an assault rifle, a shotgun and a pistol.
The prosecution said he was listening to loud techno music on headphones during the assault "to block out the screams" as he opened fire. He threw smoke canisters and shot at people trying to escape.The prosecution said he was listening to loud techno music on headphones during the assault "to block out the screams" as he opened fire. He threw smoke canisters and shot at people trying to escape.
Prosecutors argued the attack was clearly premeditated, with Mr Holmes planning and amassing weapons for months, as well as elaborately booby-trapping his apartment to kill anyone who tried to enter. Prosecutors argued the attack was clearly premeditated, with Holmes planning and amassing weapons for months, as well as elaborately booby-trapping his apartment to kill anyone who tried to enter.
His parents, Robert and Arlene Holmes said their son was "not a monster", but suffers from severe mental illness.His parents, Robert and Arlene Holmes said their son was "not a monster", but suffers from severe mental illness.