Colorado Theater Shooting Update


Photo Source: Denver Post Blog
Shots were fired into a movie theater audience on July, 20, 2012 by James Holmes. Covered in protective gear, he threw tear gas into the theater, and fired shots into the audience. Twelve people were killed and 70 more were injured. The exact reason for the shooting is not exactly clear, but it seems like Holmes was upset because he had lost his career, his love life, and his purpose.

Holmes has been charged with 165 counts including first degree murder, attempted murder, and possession of explosive devices. Holmes initially plead not guilty, then offered to plea guilty in exchange for life in prison(taking the death penalty off the table). The district attorney turned down the offer, insisting Holmes face the death penalty. Holmes' attorney then turned in a plea of not guilty by reason of insanity.

The prosecution will try to establish Holmes was sane at the time he committed this insane act, and that he deserves the death penalty for his crime.  Holmes has had several mental examinations, and his lawyers will try to prove he has a form of schizophrenia.

This case is currently on the eighteenth day of  trial.

Comments from Allen:
Back in law school, I was taught that if you are going to kill someone, make it a massive, bizarre, over-the-top horrendous murder, one that no sane person would ever consider committing.  The crazier the behavior, the more likely you are to have access to the "not guilty by reason of insanity" defense.

While I have not given that advice to any clients, you can see the applicability of that principle here. This conduct looks pretty crazy.  However, it was also very calculated.  The shooter wore protective gear.  He had multiple clips of ammunition for a sustained attack.  He chose a crowded venue.   My guess is that the jury will find this conduct to be too calculated and premeditated to be considered crazy.  This conduct looks more "evil" than "crazy."  I expect Mr. Holmes to get the death penalty, absent very convincing psychological testimony demonstrating he was so crazy he could not tell right from wrong.

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.


Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.

Sources for more information:

http://www.cnn.com/2013/07/19/us/colorado-theater-shooting-fast-facts/

http://media.wix.com/ugd/943520_65299e4c94ed43e1b2c927f7b2524bbd.pdf

http://www.npr.org/sections/thetwo-way/2015/04/27/402532076/james-holmes-trial-set-to-begin-in-colorado-3-years-after-cinema-shooting

http://www.npr.org/2013/07/20/203890651/slow-progress-a-year-after-the-aurora-theater-shooting

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