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Colorado Theater Shooting Judge Holds Woman In Contempt

CENTENNIAL, Colo. (AP) — A woman who yelled "Don't kill him! Don't kill him!" just as jurors were to begin considering whether Colorado theater shooter James Holmes' mental illness might be a reason to spare him from the death penalty was sentenced Thursday to three weeks in jail for contempt of court.

Deborah Cave was seated in one of the last rows in the defendant's side of the courtroom when she interrupted District Attorney George Brauchler as he spoke about how jurors should weigh mental illness against the carnage caused by Holmes' 2012 attack on a crowded movie theater.

District Attorney George Brauchler
District Attorney George Brauchler during closing arguments on Thursday (credit: CBS)

"He's wrong. Mental illness is everything," Cave screamed before she started climbing over the seats toward Holmes.

"I'm the biological mother. She's the surrogate. They took him away from me," she shouted, before saying something undecipherable.

"Don't kill him, don't kill him. It's not his fault," she added as three deputies pulled her out of the room, kicking and screaming.

The reaction played out like a miniature version of Holmes' trial.

LIVE VIDEO: Watch The Trial Live At CBS4's Theater Shooting Trial Special Section

Prosecutors, noting that some jurors were distracted by the outburst, asked for the woman to be punished for her actions and be held in contempt of court.

Defense attorney Tamara Brady said Cave must be mentally ill and should be offered treatment instead. She also said Cave could also be hospitalized if she posed a threat — something the defense has stressed Holmes' psychiatrist did not do after hearing that he was having thoughts of killing people.

Deborah Cave
Judge Carlos Samour sentences Deborah Cave to jail time after her outburst in court on July 30, 2015, during closing arguments in the sentencing phase of the theater shooting trial.(credit: CBS)

"Perhaps that would be the more humane approach," Brady said.

Judge Carlos A. Samour Jr. ultimately sentenced Cave to three weeks in the county jail, saying during a short but heated hearing, "more disruptive behavior I cannot possibly fathom."

The startling outburst made Holmes' mother cry and distracted jurors.

Before she was led out of the courtroom chained and in handcuffs, Cave told the judge she had written to Holmes, whom she called Jim, sent him photos and even tried to legally intervene in his case.

"Y'all are just going to create 12 more murderers!" she cried while leaving the courtroom. "You can't justify murder with murder!"

Cave was known to court officers because of her attempt to intervene in Holmes' case. She was allowed in the courtroom this week because there was no reason to bar her as a member of the public — but she also was given a court order not to interrupt the proceedings, Samour said. The judge also described her as being homeless.

Cave attended three days of hearings without incident before Thursday's outburst.

By Sadie Gurman, AP Writer

(© Copyright 2015 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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