Jury finds aggravation, death penalty still possible for theater shooter

Those in the courtroom rise as the jury enters to deliver their first verdict in the penalty phase for the Aurora theater shooter on July 23, 2015.

by: Will C. Holden

Posted: Jul 23, 2015 / 01:04 PM MDT

Updated: Jul 23, 2015 / 05:22 PM MDT

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CENTENNIAL, Colo. — Phase one in the sentencing hearing in the Aurora theater shooting case came to an end on Thursday, with the jury finding that the act of murder was committed with aggravating factors.

The Arapahoe County District Attorney’s office presented five of Colorado’s 17 statutory aggravating factors to the jury — that the murder 1) led to the death of multiple victims, 2) involved the intentional killing of a child under 12 years of age, 3) caused a risk of death to those outside of the 12 victims, 4) was committed with universal malice and 5) was committed after lying in wait.

The jury found that four of those five aggravating factors were present in the July 20, 2012 shooting that lead to the death of 12 and the wounding of 70 others.

The jury ruled that it was not proven that Holmes intentionally killed 6-year-old Veronica Moser-Sullivan.

This means the sentencing phase continues to phase two, in which the defense will present mitigating factors intended to convince the jury to render a sentence of life without the possibility of parole instead of a death sentence.

The second phase of the sentencing commenced later in the day Thursday. Visit FOX31 Denver’s Theater Trial page to get a recap of that and every day. You can also watch each day of the trial live.