Death Penalty Still on Table in CO Shooting Trial

The death penalty has been left on the table for 27-year-old gunman James Holmes in the Colorado movie theater shooting.

Jurors agreed Monday to consider capital punishment for Holmes.

Holmes was convicted of killing 12 people at a Denver movie theater in July 2012. Seventy people were also injured after he opened fire during a mid-night showing of "The Dark Knight."

The jury said the defense for Holmes failed to persuade them to show him mercy.

The move clears the way for a last-minute plea from both sides in the case. Personal and emotional testimony from victims in the shooting are expected to be included.

Jurors deliberated for less than three hours before reaching their latest decision.

Last month, defense lawyers pleaded with jurors to show mercy, saying mental illness drove Holmes to murder.

Holmes' parents, Robert and Arlene Holmes, testified that they never suspected their son was mentally ill and pleaded for his life to be spared.

After final arguments, the jury will deliberate one last time whether Holmes should die by lethal injection or spend the rest of his life in prison.