Will James Holmes avoid death penalty for Colorado theater shooting?
James Holmes, the suspect in last summer's movie theater shooting in Colorado, has offered to plead guilty and serve life without parole but only if prosecutors do not seek the death penalty.
Mr. Holmes's defense lawyers said their client is 鈥渨illing to resolve the case to bring the proceedings to a speedy and definite conclusion for all involved,鈥� in a filed with the Arapahoe County District Court Wednesday.
The defendant faces 166 counts of murder, attempted murder, and other offenses. He is accused of killing 12 people and wounding 58 others when he opened fire in during a midnight showing of 鈥淭he Dark Knight Rises鈥� in Aurora, Colo., on July 20.
The court document said Holmes made his plea offer to the prosecution before his March 12 arraignment, but prosecutors have not responded to the offer because they may still opt to pursue the death penalty. By making Holmes鈥檚 plea public, his defense attorneys are increasing the pressure on the prosecutors to make a decision. Currently, the prosecution is set to announce a decision Monday.
鈥淚f the prosecution elects not to pursue the death penalty, then it is Mr. Holmes鈥� position that this case could be resolved on April 1,鈥� the lawyers said in the document.
By accepting the plea agreement, the prosecution could avoid years of drawn-out court battles that could be emotionally stressful for victims. The trial is currently set for Aug. 5 and is scheduled to last four weeks, but the defense said in the filing that the trial would actually last much longer because of the large number of charges.
鈥淗olmes can鈥檛 offer any more than he is offering,鈥� Dan Recht, a Denver defense attorney who has been following the case, . 鈥淭he choice for the prosecution could not be clearer.鈥�
Prosecutors will talk to victims鈥� families and survivors before announcing whether they will accept the plea. So far, members of that group appear to be divided about what should be done in the case.
鈥淚 don鈥檛 see his death bringing me peace,鈥� Pierce O鈥橣arrill, who was shot three times during the attack, told the Associated Press. 鈥淭o me, my prayer for him was that he would spend the rest of his life in prison and hopefully, in all those years he has left, he could find God and ask for forgiveness himself.鈥�
Dave Hoover, whose nephew A.J. Boik was killed in the theater attack, has mixed feelings about any potential plea deal, he said in with the Los Angeles Times Wednesday.
鈥淚 loved my nephew dearly and we miss him every single day. I鈥檓 in favor of the death penalty and I鈥檇 like to see it in this case, but I鈥檓 not in favor of dragging this thing out. If it was over today, it would alleviate a lot of the pain and suffering,鈥� Mr. Hoover said.
Other families are resolute in seeking the death penalty.
鈥淗e didn鈥檛 give 12 people the chance to plea bargain and say, 鈥楲et鈥檚 see if you鈥檙e going to shoot me or not,鈥� 鈥� said Melisa Cowden, whose ex-husband was killed in the theater. 鈥淣o. No plea bargain,鈥� she said to the AP.
If the prosecution decides to pursue the death penalty, Holmes鈥檚 defense lawyer said in the document that he would likely pursue an insanity defense. 鈥淎s previously stated in court, counsel for Mr. Holmes are still exploring a mental health defense, and counsel will vigorously present and argue any and all appropriate defenses at a trial or sentencing proceeding, as necessary,鈥� the defense team said in the filing.
If Holmes is found to be insane, he could not be executed. The death penalty is uncommon in Colorado 鈥� currently, three men are on death row.
Material from the Associated Press was used in this report.
