@Victoria The prosecution has to prove beyond a reasonable doubt that the crimes included at least one statutory aggravating factor. There are several such factors in Colorado, but these are the ones that might apply to this case:
- The defendant committed the offense in an especially heinous, cruel, or depraved manner
- In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense
- The defendant intentionally killed a child who has not yet attained twelve
- The defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the commission of the same criminal episode
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