FoxNews is reporting that the state of Colorado has elected to pursue the death penalty against James Holmes, the guy accused of shooting up a theater in Aurora, Colorado.

According to police, Holmes killed 12 people and injured 58 others during a shooting rampage at an opening night screening of "The Dark Knight Rises" on July 20, 2012. Holmes' legal team offered up a "guilty plea" in return that the state not pursue the death penalty in the case.

However, it appears that the state has turned down the offer and will pursue the death penalty against Holmes in this case. Prosecutors have said that the defense has repeatedly refused to give them the information they need to evaluate the plea agreement.

George Brauchler, a prosecutor in the case, said that the state elected to move forward with their decision after speaking to many of the families and victims affected by this tragedy.

For more on this developing story click HERE