Prosecutors will seek death penalty for Colorado theater shooter

Jake Stark

Prosecutors announced that they will seek the death penalty in the trial James Holmes, the man accused of going on a shooting spree in a movie theatre in Aurora, Colo., last July. 

The announcement came just days after a judge rejected Holmes' lawyer's request for a trial delay and entered a plea of not guilty for him. 

Holmes is accused of killing 12 people and wounding at least 58 others when he fired into a packed theater during a midnight screening of "The Dark Knight Rises." 

Legal experts widely predicted prosecutors would seek the death penalty. 

Holmes' lawyers may seek a defense of not guilty by reason of insanity. If he were found to be insane, he would be sent to the state mental hospital and then transported back to prison following his treatment. 

Judge Carlos Samour has set the trial to begin Feb. 3. 2014, but it could be delayed if the defense is not prepared by early next year.