Source: USA TODAY

CENTENNIAL, Colo. — James Holmes, accused of killing a dozen people and wounding scores more in a July shooting spree at a Colorado movie theater, pleaded not guilty by reason of insanity Monday.

Holmes sat silently in the courtroom as his attorneys received permission from Judge Carlos Samour Jr. to change his plea from a standard “not guilty.” Samour set a May 31 hearing to decide if he will accept the insanity plea.

At the hearing, Samour also will advise Holmes of the rights he is giving up by pleading insane. Holmes could be warned that he faces interviews from state doctors and may also be given truth serum.

The trial is set for February, but could be delayed if Samour accepts the plea.

Defense attorney Dan King said the insanity plea was entered because defense experts have finished examining Holmes and rendered their opinions. He said experts needed the past two months to complete their work.

“Mr. Holmes’ mental illness hasn’t changed in the past 60 days,” King said.

Holmes showed no reaction as attorneys repeatedly discussed his mental health.

Prosecutors are seeking the death penalty for Holmes, who faces 166 charges in connection with the attack in Aurora. Defense lawyers have maintained that Holmes is mentally ill.

Legal experts say the legal issues are complicated.

“The question is not whether or not he’s mentally ill,” said Pete Maguire, a former Colorado prosecutor now in private practice. “The question is whether he is legally insane under the statute.”

Maguire, who prosecuted several cases in which defendants entered similar pleas, said Holmes will be examined by state doctors at the secure state mental hospital in Pueblo.

Doctors will review case reports, interview witnesses, examine whether he was taking any relevant prescription drugs, and possibly administer truth serum to Holmes, Maguire said.

Under Colorado law, state doctors must decide if Holmes knew right from wrong, and even if he did, whether he was unable to stop himself due to mental illness.

“They can take into account almost anything that would bear on his state of mind,” Maguire said. “This is art as much as it is science and medicine.”

Maguire said it’s rare for state doctors to rule someone not guilty by reason of insanity, which suggests Holmes’ attorneys have already had their own expert examine him and are relatively confident in the outcome.

Maguire said no matter what the doctors in Pueblo rule, either the prosecutors or the defense will object to the finding, further delaying the case.

For Theresa Hoover, whose son AJ Boik, 18, was killed in the shooting, the question of Holmes’ sanity has a simple answer. Hoover said Holmes’ decision to stockpile weapons and ammunition in the months before the shooting makes that clear.

“What he did was nothing short of evil. He absolutely knew what he was doing was wrong,” Hoover said. “I think he’s evil, and there’s a difference between evil and crazy. I don’t think he’s insane by any means.”

Maguire said it’s likely the state experts will agree with Hoover’s assessment; he said the case ultimately will end in a conviction.What happens next, however, will be up to a jury.

Under Colorado law, death penalty cases have two phases. The first focuses on guilt or innocence. Then, jurors decide whether someone found guilty should be executed.

“Unless he’s found insane, there’s no way this isn’t going to end in a conviction,” Maguire said. “It’s a horrendous crime, and a lot is going to depend on how this jury views him as a human being. Does the community see the need for death to bring justice?”

Hughes also reports for the Fort Collins (Colo.) Coloradoan.

Copyright © 2013 USA TODAY, a division of Gannett Co. Inc.

Source: USA TODAY

FORT COLLINS, Colo. — Colorado State University and Fort Collins police are investigating after hundreds of students clashed with riot police Saturday night as officers used tear gas and pepper spray to break up a wild party near the university campus.

On Sunday morning, debris littered the street and the smell of beer hung over the densely populated Summerhill neighborhood.

Fort Collins police said they shut down several parties earlier in the evening but were called back around 9 p.m. after neighbors complained for a second time about hundreds of partygoers out in the street.

The party organizers had registered their party with Colorado State University and the city, as recommended, but the event drew far more attendees than officials anticipated. Registering a party means police will call the organizer before coming to shut it down. A second complaint, however, draws a stiff response from police.

“We were going through telling people party’s over, time to go, and we got a lot of cooperation until … we shut the music off. That completely turned the crowd,” said Capt. Jerry Schiager of the Fort Collins police early Sunday morning. “They started chanting ‘f the police’ and basically pushed the cops back down the street.”

Schiager said officers withdrew, donned riot gear and re-entered the neighborhood. Police first rolled exploding rubber balls at the crowd’s front row, and then fired pepper balls and set off pepper spray and tear gas. The officers eventually dispersed the crowd around 10:30 p.m. Officers reported having rocks and bottles thrown at them.

“It was a little scary, the aggressive nature of that core group,” Schiager said.

Partygoers leaving the area said the party had been advertised via Facebook all week long and drew hundreds of revelers who were drinking and chanting the CSU fight song as well as anti-University of Colorado slogans.

Three people were taken to the hospital with minor injuries, police said. No officers were injured in the clash, which left the street littered with broken bottles.

Portia Cook, 23, said the party was “right outside our front door.” Cook lives in the neighborhood with her 4-month-old daughter, her mother and a 6-year-old sister.

She watched from her window as partiers broke car windows, chanted at the police and became increasingly violent toward authority. Some even tried to get into her home, she said.

“Hundreds of students were going towards cops, retaliating, throwing beer cans and bottles at them,” she said. “If my door had been unlocked, those people would have been in my house with our kids. … That’s not OK at all. It was really, really scary.”

Several students who asked not to be identified described the party as out of control and “crazy,” with revelers climbing light poles and trees, and glass bottles flying. After police fired the tear gas and pepper spray, hundreds of partiers dispersed back into surrounding neighborhoods, many of them rubbing their eyes and complaining about what they saw as an overreaction of authorities.

“My eyes are burning,” CSU student Karley Schafer said as she walked away. “It really hurts.”

Schiager said police will review video of the incident to see whether they can identify the most aggressive members of the crowd, who could face charges of inciting a riot. That’s a criminal charge, but any CSU student convicted of that crime also would probably be expelled.

CSU’s dean of students Jody Donovan, said the university will work with Fort Collins police but also has investigation. She said university officials will work with students to help them understand that this kind of thing “is not OK.”

University officials say students who may have participated are not representative of the university, but acknowledge the incident reflects poorly on CSU.

“When we determine if students were involved, those students will be held accountable,” Donovan said. “These students made bad choices. That’s not what we stand for. This kind of behavior is not representative of Colorado State.”

A 2002 state law gives Colorado police significant powers to shut down riots. It also means any student convicted of inciting or engaging in a riot is barred from attending any state-supported university for a year. Police can declare riot conditions whenever there’s a large public disturbance that either creates a danger or damage to people or property.

Hughes also writes for the Fort Collins Coloradoan. Contributing: Sarah Jane Kyle, Fort Collins Coloradoan.

Copyright © 2013 USA TODAY, a division of Gannett Co. Inc.