James Holmes Charged With 142 Counts

By Jeralyn, Section Colorado News
Posted on Mon Jul 30, 2012 at 11:58:32 AM EST
Tags: James Holmes, Aurora Shootings (all tags)

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Aurora movie theater suspect James Holmes is now a defendant, charged with 24 counts of first degree murder, 116 counts of attempted first degree murder, one count of possession of an explosive or incendiary device, and one count which is a sentence enhancement for commission of a violent crime.

The Complaint and Information is here.

The first degree murder charges are under CRS 18-3-102(1)(a) and (1)(d). [More...]

CRS 18-43-102: Murder in the first degree. A person commits the class 1 felony of murder in the
first degree if:

(a) after deliberation and with the intent to cause the death of another person, he or she causes the death of that person or of another person; or

...(d)under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he or she knowingly engages in conduct which creates a grave risk of death to another person or persons, and thereby causes the death of another;

The crime of violence statute is here. The explosives statute is here.

The next hearing is August 9 at 1:30.

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James Holmes Charged With 142 Counts | 10 comments (10 topical)

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Extreme Indifference vs Insanity (5.00 / 1) (#4)
by Tamta on Mon Jul 30, 2012 at 03:29:26 PM EST

DenverPost

Please don't dump on me (5.00 / 4) (#9)
by NYShooter on Mon Jul 30, 2012 at 09:20:41 PM EST

for having a problem with terms like "nuts," "wacko," "crazy," etc. when discussing mentally ill, or troubled, people.

I know it's not meant to be hurtful, or disrespectful to those afflicted, and goodness knows, I'm as guilty as anybody for misusing those words.

It's just that I've had the good fortune of knowing and befriending many such troubled folks. Years ago the paths crossed for a certain young lady and my family. One thing led to another, we adopted her, and she's been the love of my life ever since. So, certainly, no guilt is implied, just a little understanding, and empathy. If the people dealing with these troubles don't like hearing those terms, that's good enough for me. We've grown as humans in so many ways and I'm just asking to expand the circle of compassion a little wider.

Premeditation v extreme indifference? (none / 0) (#1)
by Cylinder on Mon Jul 30, 2012 at 01:47:03 PM EST

I guess 1-12 are using a theory of premeditation and 13-14 are using a theory of extreme indifference, right? These would be like lesser-included offenses where the state can only get guilty verdicts on, for instance Count 1 or Count 13 - but not both.

Sounds like they're holding some fed charges (none / 0) (#2)
by scribe on Mon Jul 30, 2012 at 02:04:16 PM EST

in reserve, re the alleged minefield in his house, on the odd chance the state can't get a conviction.

Like, say, he's nuts.

: Well, since Dahmer was adjudged sane (none / 0) (#3)
by Towanda on Mon Jul 30, 2012 at 02:36:34 PM EST

legally, I hold hope for the same in this case -- as the evidence for legal sanity is similar, so it seems to me from what I have read re Holmes, i.e., premeditation, primarily. I don't know Colorado's definition in its laws, though.

No Plea until November (none / 0) (#5)
by Tamta on Mon Jul 30, 2012 at 03:39:35 PM EST

"The court schedule suggests that Holmes will not file a plea in case until at least the week of Nov. 12, NBC's Mike Taibbi reported. The schedule allows for deliberation on how much evidence will remain sealed from public view, including communications between Holmes and a psychiatrist at the University of Colorado."

nbc

Motions postponed (none / 0) (#6)
by Tamta on Mon Jul 30, 2012 at 04:14:05 PM EST

concerning case information: privileged nature of notebook allegedly sent by Holmes and media motion to unseal case file.

TimesStandard

I read thru (none / 0) (#7)
by TeresaInSnow2 on Mon Jul 30, 2012 at 04:24:48 PM EST

...the complaint, but since I don't know the names it had little meaning.

Soooo....why 24 counts of murder I when only 12 were killed?

Two theories per victim (5.00 / 1) (#8)
by Cylinder on Mon Jul 30, 2012 at 07:29:00 PM EST

From my understanding as a layperson, the state is claiming premeditation for each murder victim and also claiming extreme indifference for each murder victim. It's a lesser-included offense - if the state fails to prove premeditation it can still prove extreme indifference. Of counts 1-24, only 12 of those can be returned guilty.

The same is true for the remaining attempted murder counts - two for each victim.


: almost, but they are not (5.00 / 1) (#10)
by Jeralyn on Tue Jul 31, 2012 at 03:02:09 AM EST

Lesser included offenses. They are alternative means by which the same offense can be committed. Both are Murder in the First Degree, which can be committed in a number of ways.
The first charged section requires premeditation (after deliberation) and an intent to kill. The second requires universal malice/extreme indifference and engaging in conduct creating a grave risk of death.
A lesser included offense is one where all the elements are the same as the elements of another offense, but the other offense has additional elements. That's not the case here, since, for example, the premeditation section includes (1) after deliberation and (2) with "intent to kill" while the extreme indifference section does not have either as an element. The extreme indifference section elements include (1) circumstances demonstrating "universal malice" and (2) engaging in conduct that creates a grave risk to persons other than the defendant, neither of which are in the premeditation section..
Both are class 1 felonies. Both provide for life in prison or death as the penalty. (A lesser included offense has a lesser penalty.)
You are correct that the jury cannot convict on both counts of first degree murder for the same victim, it's one or the other. It's not unusual for the prosecution to charge this way.