back and they said that the mitigating circumstances, the mental illness, the schizophrenia that james holmesfrom did not outweigh the heinous nature of the crime and all the planning that went into it and many people following this from day one thought this was holmes' best chance to get away from the murder from the death penalty because they thought that you know what, a lot of people don't want to put to death a mentally ill person and a lot of people believed james holmes suffered from mental illness when he shot up the movie theater. nobody disputes whether he had a mental illness but did it out weigh all the impact of what he did, and they said back and said no. >> i want to get a legal opinion. brian, it comes down to when they go to phase three they will hear from the victims' families and it will be question and answer rather than a victim statement and it comes down to the jurors do we execute people who are mentally ill? >> i have to tell you the fact that the jury deliberated only two and a half hours and found that the mitigating factors did not outweigh the acrate issing factor

colorado movie theater shooter james holmes gets life in prison without the possibility of parole. jury was unable to reach a unanimous sentencing verdict for holmes killing 12 people and wounding 70 others. holmes had pleaded not guilty by reason of insanity. anna cabrera is live outside the courthouse. anna, this seems a surprising verdict. what was the reaction inside the courtroom? >> reporter: well, understandably there were a lot of people on edge. it's been three years since the shooting. lots of family members of those who were killed, survivors of the shooting were all anxiously awaiting this final sentencing verdict. some sobbed. a couple of people got up and left after just the first couple of counts were read. jurors looked ashen in their faces, very grim as they were filing into the courtroom. and then the judge reading that they were unable to reach a unanimous verdict on any particular of the 24 counts resulting by default in a life sentence without parole for james holmes. now again, it's been three years since the day he committed the crime, july 20th, 2012. and the

er >>> the trial of the james holmes colorado theater shooter going on.inutes ago a verdict reached. let's go to dan springer live at the court house. >> reporter: this jury wasted no time in coming to the conclusion on phase two of the sentencing. this is three phases if james holmes is going to get the death penalty he has to be convicted for death three different times. he was convicted in phase one and this is phase two with a verdict read in an hour and 45 minutes. 12 hour deliberation in phase one saying for was proof james holmes was the shooting and had factors approved by the prosecution. today their mission is to decide if mitigating factors outweighed the aggravated circumstances of the shooting in colorado three years ago. they only deliberated two and a half hours this time and it will be read in 45 minutes. if he is convicted again, unanimous convict on the death penalty again, they will start phase three tomorrow and we will hear from the victims of the shooting. family members of the 12 people killed in the theater will then come give test

>>> james holmes gets life in prison. a colorado jury says no to the death penalty, but one juror is talking about those deliberations and how this conclusion was reached. >>> also, one year later, the man who now leads the ferguson police department sits down with cnn. the changes he's making to restore public trust there. stay close. withof my moderate to severe rheumatoid arthritis... ordinary objects often seemed... intimidating. doing something simple... meant enduring a lot of pain. if ra is changing your view of everyday things orencia may help. orencia works differently by targeting a source of ra early in the inflammation process. for many, orencia provides long-term relief of ra symptoms. it's helped new ra patients and those not helped enough by other treatments. do not take orencia with another biologic medicine for ra due to an increased risk of serious infection. serious side effects can occur including fatal infections. cases of lymphoma and lung cancer have been reported. tell your doctor if you're prone t

life or death for james holmes? the jury that convicted him in the 2012 colorado theater massacre has now reached a verdict in the penalty phase. holmes took 12 innocent lives and injured 70 others. the jury has rejected his claim of insanity and was given the two choices of sentencing him to prison for life or sending him to the execution chamber. here's nbc's jacob rascon. >> reporter: the jury deliberated for 6 1/2 hours after passionate closing arguments and testimony from family members of the victims. sierra cowden remembers how her father used to wake her up. >> he'd go -- ♪ and he'd like come in making that sound. i used to kind of dread that sound but i'd like to hear it now. >> reporter: the jury also heard from the parents of james holmes. >> i would have been crawling on all fours to get to him. he's never said that he wanted to kill people. >> reporter: prosecutor george brockler reminded the juror that three years ago holmes shot 82 people inside a packed colorado movie theater, killing 12. >> for james

you are looking live at the county courthouse in centennial colorado in just a few short minutes james holmesarn whether he will spend the rest of his life in prison or whether he will receive the death penalty. in july, 2012, home holmes downed don 12 people and injured 70 more. he was charged of 12 count of first degree murder for each of the victims killed that that thoughting. we'll bring you want jury life once the verdict is set to be announced. >>> two key democrats, new york sen her chuck schumer and new york congressman elliot single say they will oppose the agreement. but with at least a month until congress takes a vote the courting is far from over. john terrett is life for us in washington today. a lot of does surrounding these deflections. he'll teel us a little bit about it. >> reporter: hey morgan, you know what elliot single and shuck schumer has done is at the end of the week with intense lobbying both for and against the iran deal, there is a chance that their words will be ringing in the ears of lawmakers as they leave this city for their vacation destination this is weeke

: the prosecutor reminded the jury that three years ago holmes shot 82 people inside a packed colorado movie theater, killing 12. >> and for jamesagan holmes, justice is death. >> reporter: tamara braidry pleaded for guilty on holmes reminding the jury that he is mentally ill. >> the death of a seriously mentally ill man is not justice no matter how tragic the case is. >> 911 what is your imagine? >> reporter: the capital murder trial lasted 65 days with 306 witnesses and thousands of pieces of evidence. the last person to speak was holmes himself, though not in front of the jury. >> i choose not to testify. >> reporter: a sentence of life in prison for the man responsible for one of the worst mass shootings in america. the jury was not unanimous in the end on any of the 24 murder counts. two per victim which automatically triggered a sentence of life in prison without the possibility of parole. a formal sentencing hearing will take place later this month. lester? >> jacob rascon thank you. >>> now to a major setback for the white house on the iran nuclear deal. chuck schumer, the snas's third highest ranking democrat, is now th

this is the james holmes case,s man who is either facing life or death. the jury has been deliberating his fate. they are returning a verdict any moment now. it appears that the courtroom is filled, the judge. let's listen in. >> deliberation we the jury do not have a unanimous final sentencing verdict on this count. and we the jury understand that as a result the court will impose a sentence of life imprisonment without the possibility of parole on this count. final sentencing verdict form count three murder in the first degree after deliberation. jesse childress, we the jury do not have a unanimous final sentencing verdict on this count. and we the jury understand that as a result the court will impose a sentence of life imprisonment without the possibility of parole on this count. final sentencing verdict form count four murder in the first degree. after deliberation warden cowden we the jury do not have a unanimous final sentencing verdict on this count. and we the jury understand that as a result the court will impose a sentence of life imprisonment

no more death. >> the prosecution told the jury there was only one choice for justice. >> for james holmes, justice is death. it's death. >> during the trial, two defense and two prosecution psychiatrist testified holmes suffered from mental illness but the jury rejected his insanity defense. in their ultimate decision, a lack of agreement results of life in prison for holmes. leanne greg, today in new york. >> 6:08. tomorrow marks one year of the shooting death of michael brown in missouri. activist are promising several larger rallies this weekend. as you remember, the police involved shooting sparked weeks of sometimes violent protests in ferguson. this year, the governor says everyone who wants to have their voices heard in a peaceful manner is welcome. >> this is in a significantly appropriate way for them to do that and we welcome folks locally as well as around the country. >> there have been several changes in ferguson since michael brown's death including a new police chief. we're told all the city's police officers wear body cameras. >> if a federal monitor gets his way, n.y.p.d.

again the punishment for james holmes life imprisonment without parole. the families have been waiting three years for closure. >>> tomorrow the sun is going to come up. we will have more pain and a little more hurt in our lives but the sun will come up and there will still be love in our lives. we have to remember that we have to remember the victims >> we did not lose loved ones. they were ripped from us and slaughtered and that theater but the jury chose another way and we have to accept that >> a little more perspective the death penalty is rare in colorado. there's only been one person executed back in 1997 and only three people are currently on death row and ironically bear from this very county. cnn, colorado >> the national park service says a man was attacked by a grizzly bear. soundtracks and no official cause of death will be released -- will be done. a man's body was found in a popular off track area and bear traps were set up a woman claimed a seattle community clinic giving her a flu shot and set of birth control injections. >>> the mistake

her mom, ashley, was pregnant and lost the baby and ashley was also paralyzed by james holmes' bulletholmes' sentencing in the trial that happened earlier this month, ashley remembered her little daughter whom she had when she was just 18. >> how are you different after the murder of your daughter? >> i'm very different. i'll do a lot with depression and anxiety. >> tell us more about that. >> i just -- i don't know who i am anymore because i was a mom when i was 18 and that's all i knew how to be and now i'm not a mom. >> in case you didn't see that, ashley was at the witness stand in her wheelchair which she now uses everyday. you could hear the sobs in the courtroom that day even from the jurors. and you may think that after all that time and all the pain that he caused, james holmes would want to publicly apologize. i don't know, say something? no. >> and what is your decision in terms of whether you wish to make an elocution statement. >> not to make that statement. >> so you do not want to make an elocution statement, is that correct? >> yes. >> watching that trial was gut wrenc

emergency plans are up to date and that emergency exits, like the one colorado theater shooter james holmes entered through, are properly secured.rg the largest theater chains have also banned costumes, face masks

the punishment for james holmes, life in prison without parole. the families had been waiting three years for some closure. this offers them a chance to move forward. >> tomorrow, the sun is going to come up. we are going to have a little more pain, a little more hurt in our lives but the sun will come up and there will still be love in our lives. we have to remember that. we have to remember the victims. >> our loved ones we didn't lose and they were slaughtered in that movie theater. the juror chose another way. we have to accept that. >> a little more perspective, the death penalty is relatively rare in colorado. only one person executed in the past half century or so, back in 1997. only three people are currently on colorado's death row. they are all from this county. on >>> an american service member among dozen killed in afghan attacks. details next. >>> this morning, a u.s. defense official telling cnn that an american service member was among those killed in an attack on a coalition military facility in afghanistan. at least nine deaths al

. >> courtroom drama just hours before james holmes is sentenced in the colorado theater shooting trial. his mother does something unexpected. her comments in court. >>> health alert. women who sell their eggs who accept other women get pregnant could fast cash now lead to fertility problems later? >>> and what a gourmet combination. during this national sandwich month, see who it is putting mac and cheese along with some tasty other ingredients between two slys of bread. we'll step it up in the insomniac kitchen on this wednesday, august 26th. >>> in from abc news, this is "world news now." >> good morning on this wednesday. i'm reena ninan. >> i'm phillip mena. >> whoo. what a confrontation. i'm going to drink some water to cool off. >> absolutely. if you haven't heard about it yet, there was a prolonged couldn't frontation between donald trump and senior anchor jorge ramos from fusion and univision. >> who is one of the nicest guys. have you ever met jorge? i had the opportunity a very wonderful opportunity to sit next to him. he's so gracious and just wants you to do your best when

. >> pelley: also tonight, will james holmes be executed for the theater massacre? the jury has decided. we're on the scene as a typhoon batters taiwan. the environmental protection agency makes an environmental disaster even worse. and steve hartman "on the road," on a journey measured in smiles. >> i'm countin' on it to be 33,000. >> reporter: 33,000? that's a pretty big goal. >> uh-huh. captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: this is our western edition. he showed his victims no mercy, but late today, james holmes' life was spared. the jury that convicted him of murdering 12 people and wounding 70 in a colorado movie theater massacre sentenced him to life in prison. mark strassmann is at the courthouse. >> would the defendant please stand? >> reporter: 15 weeks of trial brought james holmes to the jury's judgment. >> the court will impose a sentence of life imprisonment without the possibility of parole. >> reporter: no one denied that holmes was responsible for the killing spree inside theater nine. a jury had alr

. >>> the sentence for james holmes.the defense argument that may have spared his life. >> tracking low clouds along the coast as we move into your bay area weekend. i'll let you know what you can expect for your saturday afternoon high temperatures. >> i really enjoyed getting to know donald trump up close and personal. >> up first, the republican candidates for presidents hit the campaign trail postdebate. how they're spinning their performance. to me right now with your club card usda choice ribeye steak is $7.99 a pound 32-ounce gatorade is 69 cents and select quaker cereal is $1.49 happy anniversary to me. safeway's huge anniversary sale! it's just better. >>> the republican presidential debate was a hit in the nielson ratings. making it the highest watched debate in history. and jana katsuyama is here with what candidates gained ground and which lost ground. >> reporter: donald trump immediately got on at which timer criticized the moderator while the rest of the field were busy back on the campaign trail. gop cand

. >> victims' elvictims' families react after the sentencing trial fails to sentence james holmes to death. >>> protests and violence after michael brown's death. how much has changed in the city of ferguson? >>> good evening i'm antonio mora, this is al jazeera america. we begin with the iran nuclear deal and the president's struggle to convince enough democrats to get behind the agreement. new york senator charles schumer says he will options it. the congressional voting is nearly a month away but the relationship with the president are concerning. john terret has the story. >> lobbying against iran deal the danger that the senate which leaves town this weekend for the long summer vacation will go with chuck schumer's words against the deal ringing in their ears. now that said, many people in washington never felt that chuck schumer would sign on to the is iran deal. it was always felt to be a tough sell for him and it looks as though white house may have factored that in. >> i'm going to study it carefully. i'm not going to let pressure or politics or party influence my decision.

after almost seven hours of deliberations, the judge announced the jury's decision on whether james holmesnot have a unanimous final sentencing verdict on this count. >> reporter: holmes was present as the decision was announced. last month, a jury convicted him on 24 counts of first-degree murder, 2 for each of the 12 people killed when he opened fire at a 2012 screening of "the dark knight rises." and on all 24 of those counts, the jury said it could not come to a unanimous decision. >> we, the jury, understand that as a result, the court will impose a sentence of life imprisonment without the possibility of parole. >> reporter: before reaching friday's verdict, the jury asked to see a grisly 45-minute video detailing the crime scene. the judge granted their request the same day the verdict was announced. several family members of the victims were upset by the sentence. >> our lives are forever altered, and the thought that this monster gets to have visitation with his parents and gets to receive mail and pictures of his very strange girlfriends is very hard to accept. >> reporter: holme

the jury reaching a verdict in the second phase of the penalty portion for james holmes. an hour from now. the same jurors that decided the guilt of holmes and they have to decide whether or not to keep the death penalty as an option for holmes who killed 12 people and injured dozens more three years ago at a midnight showing of "the dark knight." joining me is scott cohen from colorado and paul henderson. but let's go straight to the scene with scott. bring us up to speed, the latest and are we still on time for that 2:30 verdict announcement? >> reporter: yes, all indications are we are on time and will get the verdict in about a half hour from now. this is a complyicated situation. we all know what about unanimous jury verdicts and deliberating trying to get a 12-0 verdict but in this case in terms of colorado law, it actually says in the jury instructions that they received on thursday that this is not a group decision. it's up to each individual juror to decide whether he should get life in prison or go on to consider the death penalty. and to quote directly from the

. >> for james holmes, justice is death. >> we the jury. >> in their ultimate decision, a lack of agreement results in life in prison for holmes. one of jurors discussed the stalemate. >> we ended your deliberations when one absolutely would not move. >> some of the victims and family members express disappointment the penalty was not the most severe but relief that it's over. >> he's living and breathing and our loved ones are gone. >> more than three years after the shooting rampage, today's sentence ends another chapter in this long grieving process. leann greg, today in new york. >> new documents suggest the boy friend of bobbi christina brown drugged her and put her in the bathtub where she was later found unconscious. the lawyer filed a $40 million lawsuit back in june. yesterday he amended the suit accusing gordon of giving her a toxic cocktail before putting her face down in the water. she died six months later on july 26th. gordon is not facing any charges. >>> sandra lee is expected to head home from the hospital this weekend according to a facebook post. the star will recover at

is that the standard we want. >> reporter: the jury of five men and three women refused to send james holmes to death for the murder of 12 in a colorado movie theatre. holmes' mother had pleaded with the jury to spare his life. >> i understand he has a serious mental illness. he didn't ask for that. schizophrenia chose him. he didn't choose it. i love my son. we, the jury, do not have a final sentencing verdict on this count, and we the jury understand that as a result the court will impose a sentence of life imprisonment with without the possibility of parol on this count. >> reporter: several families of the victims remain out raged. >> at least one juror who did not vote for the death penalty is going to give colorado a very ugly face. >> our lives are forever altered and the thought that this monster gets to have visitation with his parents, and gets to receive mail and pictures of the his strange girls is very hard to accept >>> also tonight - donald trump has been uninvited from a conservative convention in atlanta, following comments about fox news anchor megan kelly, some suggesting

james holmes could take the stand but we are not expecting that.ng arguments could happen tomorrow and this could be in the hands of the jurors if he gets life in prison or the death penalty. >> the judge is trying to walk a fine line and not let the emotional testimony become too emotional. where do you draw the line? those are heartbreaking words coming from the family members. >> reporter: we are seeing the teenage girl who lost her 53-year-old father has broken down and the defense attorney asked for a conference at the bench because of the fact they are worried about the jury becoming overcome with their own emotions and having the case be decided by emotion rather than the facts. every time they get to the edge the witness' question has to be pulled back and ask different types of question to keep the person on the stand poise. we are seeing emotions from the jurors and people in the courtroom tearing up from the emotional testimony from the fact of how they found out about their loved one dying and the pain that lingered over the years. >> w

is deciding whether or not the mitigating factors in this case the mental illness suffered by james holmes outweighs the heinous nature of the theater massacre just over three years ago. 12 people killed including a six-year-old girl, another 70 people injured. the jury decided once holmes is elgible for the death penalty but under colorado law they will have to do that two more times and be unanimous two more times for holmes to be sent to death row. jury heard from holz's parents that he had a normal, happy childhood. they also said they had no idea he was capable of violence or murder. they had the defense team blaming delusions that holmes had as he suffered from schizophrenia. the defense lawyers want the jury to have sympathy for holmes. the district attorney has kept the focus on all the victims. the following day the jury will hear from 15 of the family members of the 12 people that holmes killed three years ago. jon? jon: dan springer, in centennial, colorado. thank you dan. jenna: coming up the next hour of "happening now," powerful winds and heavy rains knocking out power for mi

the last he can get, the least james holmes is k get is life in jail without parole. penalty. >> when we talk about mitigating factors, we're talking about the circumstances that will be entertained under which there is a belief that the penalty is considered too harsh. so we're talking about testimony from his family members, understand from, who might say that he did have some mental illness, right? and that he should not be giving the death penalty. >> and from psychiatrists determining he does have serious mental illness. his mother was the last to take the stand and she was extremely emotional as you might imagine on the stand. you could hear the things she was saying. it seemed as if she was blaming herself, if she'd taken him on more vacations or been less stern that perhaps this would haven't happened so she was reflecting on herself but ultimately said "i had no idea that he was even talking to a psychiatrist about the possibility of killing people." she said "i just didn't know that, if i had have known that i would have done something. i definitely would ha

the jury in the james holmes penalty phase has reached a verdict. we will get a live report from colorado in just a few moments. again, the jury in colorado has decided on life or death. 7:00 p.m. eastern i'm told. 7:00 p.m. eastern that verdict will be read. just under three hours from now. >>> also coming up, one of the most influential democrats on capitol hill just dealt a major blow to president obama. we're live at the white house with reaction. and disstrougt families. distraught families anxious for closure, clashing with police outside the malaysian embassy in beijing. some say the government is lying about what really happened to mh-370. and nearly one year since the death of michael brown set off protests all over the country. attorney general loretta lynch speaking out to msnbc exclusively about what's changed and what has not. that and more straight ahead sure! i offer multi-car, safe driver, and so many other discounts that people think i'm a big deal. and boy, are they right. ladies, i can share hundreds in savings with all of you! ju

. >>> and colorado gunman james holmes is sentenced and dismissed by a contentious court judge captioning funded by cbs >>> this is the "cbs morning news" for thursday, august 27th, 2015. this morning investigators are trying to pinpoint why a eporter opened fire on two journalists during a live broadcast. the shooting killed alison parker and ward. he later killed himself. the aff said he obtained his gun legally. president obama calls the shooting heartbreaking. don champion is in roanoke. good morning, don. >> reporter: good morning, alison. there's been a huge show of support from the community. many here in southwest virginia watched at what was supposed to be a live feel good story turned into anything but. a memorial of flowers and balloons degree overnight. the station still can't believe two beloved colleagues are gone. >> all day the community has provideded an outpouring for us. >> reporter: reporter alison parker and photographer adam ward were ambushed and killed by a former disgrunted employee of their station. that employee was a fellow journalist. vester flanagan. he went

in the sentencing phase of james holmes the jurors have put holmes one step closer to death. this decision came out just moments ago. holmes was convicted back on july 16th on all 165 counts against him. it was july of 2012 he murdered 12 people and wounded 70 others when he opened fire when all of those people were in the theater, the midnight showing of "the dark knight." in phase two of the penalty phase, the jury had to answer one question. so let's talk about this with cnn legal analyst danny cevallos. first, to my colleague sara sidner there in centennial colorado following this process for us. sara tell me what has just happened. >> reporter: what is happening right now, it's still happening. there are 24 counts here of murder. i want to explain that a bit because it sounds confusing. there were 12 people killed but 24 counts of murder that the jury has found him guilty on. the next phase will be deciding whether or not he could be faced with the death penalty. what we have found out now is that they are now on count 21. so far, every single count of count 21 the judge

they're weighing whether to execute the colorado movie master killer, james holme.d get word of a verdict any moment now. we'll take you live to the class coming up next. stick around. benny's the oldest dog in the shelter. he needed help all day so i adopted him. when my back pain flared up, we both felt it. i tried tylenol but it was 6 pills a day. with aleve it's just two pills, all day. now i'm back! aleve. all day strong. >>> we are waiting to hear whether the movie massacre killer, james holmes, will die for his crimes or spend the rest of his life behind bars. during jury deliberations today the judge grand emt jurors request to rewatch a bloody crime scene videotapes taken from inside the theater that terrible night. last month they found holme guilty of murder for killing 12 people and injuring dozens more during a crowded midnight showing of "the dark knight rises" three years ago. dan springer is live outside the courthouse in centennial, colorado. dan, i guess it's up to the jury now. right? >> reporter: still to verdict and that development that you tou

and james holmes, he's about to learn whether he will live or die for his crimes in 2012.e'll go live to colorado for that report. away. i just had to adopt him. he's older so he needs my help all day. when my back pain flared up we both felt it i took tylenol at first but i had to take 6 pills to get through the day. then my friend said "try aleve". just two pills, all day. and now, i'm back for my best bud! aleve. all day strong and try aleve pm, now with an easy open cap. or building the best houses in town. or becoming the next highly-unlikely dotcom superstar. and us, we'll be right there with you, helping with the questions you need answered to get your brand new business started. we're legalzoom and we've already partnered with over a million new business owners to do just that. check us out today to see how you can become one of them. legalzoom. legal help is here. everyone loves the picture i posted of you. at&t reminds you it can wait. >>> welcome back. if malaysia airline officials thought finding a piece of mh-370 would bring closure, they were wrong on a numbe

to send the sentencing of james holmes to a third and final phase. colorado law requires juries to deliberate three- times. before delivering a death penalty sentence. holmes was found guilty of opening fire in a crowded movie theater in aurora, colorado, back in 20-12. killing 12- people. his lawyers argue. holmes was mentally ill when the shootings happened. a manhunt is over for an ex- con. suspected of killing a memphis police officer over the weekend. 29-year-old tremain wilbourn. turned himself in to federal authorities in memphis tennessee, today. wilbourn is accused of shooting night. police say, the officer had interrupted a drug deal. after a regular traffic stop. before his capture. wilbourn was wanted on a charge of first- degree murder. memphis, tenn. - the latest on nine >> pam: year-old keyser was running to retrieve a bat and a better took a practice swing axle and struck him although young kaiser wearing a helmet the hit was severe authorities say he died at a hospital on sunday incident happens liberal competing in the national base

victims of the colorado movie theater shooting will speak again today as the sentencing phase for james holmesntinues. a jury convicted holmes of killing 12 and injuring dozens more. jurors determined that holmes will spend the rest of his life in prison without parole. it was an emotional day in court as family members talked about sadness and grief. >> i cannot describe to you the hours that i have wept or the horror and heartbreak that sees me each time i think of how i will never get to see my dad again. >> the prosecution plans to call about 100 people to testify about how the crimes committed by holmes have impacted their lives. >>> the man who was with rosie o'donnell's daughter when she was found last week will be in court. 17-year-old chelsea o'donnell went missing for a week after disappearing from her mother's new york home. >>> 5:15. as one prison official put it, you can't make this stuff up. a drone poised to drop drugs, porn and tobacco inside a maryland prison was intercepted before it ever took off with its illegal pay loloapayload.ç investigators say they found the items alo

james holmes just learned his sentence and whether or not he will be executed. >>> music fans rushed the gates to get seats for tonight's main event. >> san jose summer fest. looking out toward the crowd. we'll have a special performance with the opening act. it runs all weekend long. attention america. get yourself a free half gallon of dole classic lemonade with any 10 piece meal or larger purchase. because when you buy this chicken there's free lemonade for the pickin'. it's finger lickin' good. >>> it's a weekend of music. gates upped up about five hours ago. that's the traffic heading to the park there. multiple stages are set up. dozens of bands set to perform over the next three days. we battled the crowds to get to outside lines. you're there now. >> reporter: we did make it here, yes. the main gate is quite crowded with 210,000 people expected over the course of the three days. about half of those people come from outside the bay area, which organizers say means they are pumping into the local economy. it's a sell-out crowd at outside lands. in fact, tickets went in under 45

apparently siding with the defense argument that james holmes would not have committed these murders were it not for his severe mental illness and we do not execute sick people. nonetheless the other juror, juror 17, described a respectful atmosphere inside the jury room. >> the hold-out stated it and was very firm about it and was resolute. i don't know the reasons. i don't know the reasons, although i will say that i believe mental illness is what played into it. >> reporter: as you can imagine, the verdict or the non-verdict did not play well with many family members who are in the courtroom openly crying about this. after we heard from many of them including the grandparents of the youngest victim, veronica moser sullivan who was just 6 years old. >> at least one juror who did not vote for the death penalty, is going to give colorado a very ugly face. when you look at, you know, what's happened, in light of this, that's not justice. he's living, he's breathing and our loved ones are gone. for over three years now. and the gaping void, the gaping wound that we have with the loss o

. >>> new at 11:00, james holmes, the colorado movie theater shooter, will spend the rest of his life in prison. jurors dismissed tonight, after failing to reach a unanimous decision on the death penalty, leaving the sentence in the hands of the judge. >> we the jury do not have a unanimous final sentencing verdict. >> the theater killer james holmes will spend the rest of his life in prison without parole. the jury was unable to reach a unanimous verdict for the death penalty after seven hours of deliberating. the 27-year-old who killed 12 people and wounded 70 others will not be executed. >> i think that is outrageous. i still think death is justice for what that guy did. >> the 3 1/2 month long trial was an emotional rollercoaster. for the victims and their families. >> that's not justice. you know, he is living. he is breathing. and our loved ones are gone. >> ashley mosser was paralyzed in the shooting spree and lost her 6-year-old daughter veronica, the youngest victim. >> i don't know who i am anymore. i'm not a mom. >> this was the same jury that rejected holmes insanity defen

on this count. >> as you just heard, the jury failed to reach a unanimous decision on whether james holmes get the death penalty. the lack of agreement means the judge will sentence holmes to life in prison at a hearing later on this month. the same jury convicted holmes of opening fire inside a suburban denver theater three years ago. he killed 12 people and injured 70 others in the attack. prosecutors argued that holmes methodically planned the massacre and deserved the death penalty but defense lawyers blame the assault on mental illness. >>> only on 10 a blind woman whose house caught on fire is alive this morning thanks in large part to her dog calling 911. >> give me a kiss. >> nbc 10 was there last night when maria maria colon. >> she takes care of you. >> yes. we take care of each other. she loves me too much. i'm her mommy. >> she loves you. >> i know she loves me. >> colon was not hurt. she told nbc 10's george spencer that the veterinary hospital treated yolanda for minor injuries. this was not the first time yolanda was a hero to her owner. you may recall our two -- story two y

the mother of james holmes took the stand.e of mental illness and medication he's not able to express it. then she apologized to the victims. >> we are very sorry this tragedy happened and sorry that everyone has suffered so much. >> holmes was given the opportunity to make a statement but he chose not to. >> west virginia teen is in a juvenile detention facility overnight after holding a classroom full of students and teachers hostage. the 14-year-old boy was eventually talked into surrendering. officials praised the teacher for keeping everyone calm and turning away students reporting for the next class in the room next door. there were no injuries. >>> as a terrorism investigation into last week's train attack kicks into high gear, one of the americans involved in stopping it has arrived home. anthony sadler got back to sacramento last night along with his parents. the suspect in the case has already made a first court appearance as lana zak report. >> reporter: now officially charged as a terrorist, the suspect in that tra

colorado deliberations have just resumed in the penalty phase for convicted movie theater shooter james holmesguments. prosecution said holmes should be sentenced to death for killing 12 people and injuring 70 others in the attack three years ago. >> you can bring justice to this act, and to him. and for james eagan holmes, justice is death. >> the defense told jurors that holmes should be sentenced to life in prison because the death penalty is not appropriate for someone with mental health issues. >> there is one final decision left to be made and that is life or death, and that is not something to be taken lightly. >> msnbc's scott cohen is outside the courthouse in centennial centennial, colorado. what is the sense as the jury resumes its deliberations? >> reporter: well they got in about an hour yesterday and they are back at it as you said now. all we can really go on is how this jury has deliberated before. remember, this is now their fourth time together. the main trial, two sentencing phases, and now this final one, so they know one another. each time along the way they have come to a

colorado judge is set to officially sentence the movie theater shooter to a lifetime in prison. >> james holmes was convicted of murdering 12 moviegoers and injuring 70 more. he was spared the death penalty because the jury's vote was not unanimous and a remarkable scene in the courtroom yesterday as holmes' mother apologized to the victims and families and even the survivors for the first time. >> we are very sorry this tragedy happened and sorry that everyone has suffered so much. my son, he feels remorse for his horrible actions but his ability to express his emotions has been impaired by disease and medication. >> holmes was asked by the judge if he wanted to make a statement but he declined. this morning the judge can impose a maximum 12 life sentences plus more than 3,000 years in prison. >>> a man who once jumped the white house fence was shot and killed by a sheriff's deputy at a courthouse near philadelphia. police say curtis smith had attacked a deputy with a knife shouting i'm going to get you. his motive remains unclear. smith was arrested at the white house back in march. the deput

. >> pelley: also tonight will james holmes be executed for the theater massacre? the jury has decided. we're on the scene as a typhoon batters taiwan. the environmental protection agency makes an environmental disaster even worse. and steve hartman "on the road," on a journey measured in smiles. >> i'm countin on it to be 33,000. >> reporter: 33,000? that's a pretty big goal. >> uh-huh. captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: it was the biggest audience ever for a presidential primary debate. 24 million americans tuned in last night to watch 10 republicans go at it, and the drawing card was clearly a trump. here's major garrett. >> reporter: the debate opened with donald trump refusing to rule out a third party candidacy if he does not win the republican nomination. >> i will not make pledge at this time. >> okay. >> reporter: the tone toughened from there. fox's megyn kelly pressed trump to explain his previous comments about women. >> you've called women you don't like "fat pigs, dogs, slobs and disgusting animals

nbc's jacob rascon reports. >> reporter: judgment day for james holmes finally arrived. the maximum penalty possible. >> 3,318 years in the department of corrections. >> reporter: the shooter hardly moved a muscle. the judge rebuked him sharply. >> it is the court's intention that the defendant never set foot in free society again. >> reporter: the judge commented that we'll never know what the shooting victims, as young as 6 years old, might have accomplished if they hadn't been slaughtered. >> we're very happy with the sentence. we think it's our best chance to see the defendant die in our lifetime. >> reporter: the gunman silent. his mother offered an apology. >> we are very sorry this tragedy happened and sorry that everyone has suffered so much." >> reporter: defense attorneys will not appeal. >> sheriff, get the defendant out of my courtroom, please. thank you. [ applause ] >> reporter: the sound of closure, or the next best thing. and a mass murderer gone forever. jacob rascon, nbc news. >>> still ahead tonight, stuck in traffic? if you think it's getting worse wh

. >>> colorado movie theater shooter james holmes will spend the rest of his life behind bars.udge sentenced him to 12 life sentences without the possibility of patrol. he opened fire inside a movie theater three years ago. before his sentence was hand down the judge called james holmes an angry quitter who gave up on life and turned his hatred into murder. >> the defendant senseless, horrific heinous acts have needlessly impacted thousands of people, thousands of people. as one of the victims put it, he took life from hundreds or thousands who are still breathing. >> james holmes showed little emotion. after his sentencing cheers broke out in the courtroom. >>> colorado man took matters into his own hands and he and his wife waited for a kidney donor and it paid off. his sign on his truck says his wife got a donor. the sign went viral online. today he and his wife met the young man who donated his kidney. >> just relief. it was, you know, such a challenge trying to find someone. >> why not? yeah. anyone can do it. and saving someone's life you can't put a price or reason on th

nbc's jacob rascon reports. >> judgment day for james holmes, finally arrived. the maximum penalty possible. >> 3,318 years in the department of corrections. >> the shooter hardly moved a muscle. the judge rebuked him sharply. >> it was the court's intention that the defendant never set foot in free society again. >> the judge commented that we'll never know what the shooting victims, as young as six years old might have accomplished if they hadn't been slaughtered. >> we're very happy with the sentence we think it's our best chance to see the defendant die in our lifetime. >> the gunman silent, his mother offered an apology. >> we're very sorry this tragedy happened. and sorry that everyone has suffered so much. >> defense attorneys will not appeal. >> get the defendant out of my courtroom, please. thank you. >> the sound of closure for the next best thing. and a mass murderer gone forever. jacob rascon, nbc news. >>> a nasa scientist calls it one of the most visible signatures of our changing climate. sea level rise. take a look at the new 3-d map made from da

only unanimous for the death penalty will result in james holmes being sent to death row. stingly a poll came out here in colorado showing that 2/3 of people in this state think that the death penalty is the appropriate penalty for holmes. we should note if the jury thinks that sometime today. jenna. jenna: dan, thank you. jon: back to some politics. 17 gop candidates fighting tooth and nail at last night's debates, staking their claim to the republican nomination. here is just a taste of the drama. >> the story appeared today quotes anonymous gop donor who said you called mr. trump a clown, a buffoon and words that can not be repeated on television. >> none of which is true. >> it is not true. >> it is not true. i have said mr. trump's language is divisive. >> for the cyberattack from russia, sad to think but probably the russia and chinese government know more about hillary clinton's email server than dot members of the united states congress. [cheers and applause] and that has put our national security at risk. if i'm president he won't think about that. >> i was asked b

the colorado movie theatre shooter james holmes receives his sentence. the harsh words from the judge as he handed down his decision. also, donald trump is not making friends in the press corps. the high-profile journalist he kicked out of a news conference ... and, it's a list d.c. does not want to be on .. just how many hours commuters lose each year getting to work. we continue to follow the investigation into this morning's murders of a t-v news reporter and photographer. they were shot to death while doing a report on the air for w-d-b-j...outside of roanoke, virginia. the shooter later shot and killed himself. we'll have another report from the shooting scene -- ahead at 4:30. we're following breaking news from the national zoo. the zoo announcing that the smaller of two panda cubs -- born over the weekend - has died. chris papst is at the zoo with details. colorado theater shooter james holmes, now set to serve life in prison. that sentence was handed down cqtoday more th three years after he killed twelve people and hurt 70 more at a midnight bat

chilling moment as well sandy phillips, who we heard from a moment ago, staring down the defendant james holmesour producer said if looks could kill holmes would be a dead man. holmes who normally looks straight ahead was seen looking down. as you also heard from sandy phillips, she learned about the shooting from a friend who was also in the theater and wounded. others had to wait longer. tom sullivan described frantically searching for his son. >> i ran over to the mass of media there holding up alex's picture and i said i can't find him. i said i don't know where he is. and i said would you please help me? and i said i think he was in the theater but if anybody knows, please have them call me. >> reporter: as many as nine more family members expected to testify today with closing arguments expected sometime tomorrow. still unresolved whether we will hear from james holmes himself. jose? >> thank you very much. after the break, we're going to zoom through today's other top stories, including an appearance in court for the guide accused of helping the dentist kill cease cecil the lion. his vac