Colorado has executed one prisoner since 1977.
Convicted movie theater shooter James Holmes could be number two.
After a half day of deliberating, the jury found that mitigating factors presented by the defense did not outweigh the aggravating factors of Holmes' crimes.
That means in their next phase of deliberations, which begins tomorrow, they will debate whether Holmes should die by lethal injection.
In July of 2012 Holmes opened fire at a midnight screening of the Batman film "The Dark Knight Rises" in Aurora, Colorado, killing 12.
Last month, the Jury found Holmes guilty of 165 criminal counts, including multiple counts of first degree murder.
The defense argued that Holmes was suffering from schizophrenia, but the jury rejected that claim during the trial and sentencing phases.