The jury in the James Holmes trial has made a decision regarding a third penalty phase as they work to make a decision on whether he gets life in prison or the death penality.

image via Arapahoe County Detention Center.

CNN reported that James Holmes, who was found guilty of murder in connection with the movie theater shooting in Aurora, Colorado, is eligible for the death penalty despite making an insanity plea during his trial.

The jury reached an agreement on Monday that there were more aggravating factors than mitigating factors when it came to the charges that he was up against.

Because of this decision, a final third phase will occur for the sentencing, in which they will determine whether he will receive life in prison with no parole or the death pentality.

In 2012, Holmes walked into a theater in Colorado before he shot and killed 12 people, leaving 70 injured. He was found guilty of 24 counts of murder in the first degree on July 16.

Attorneys for Holmes had argued his mental illness was a mitigating factor for the crimes he committed. They had asked that Holmes receive a life sentence while prosecutors argued for death penalty proceedings.