According to the University of Colorado Hospital, Caleb Medley, one of the 59 surviving victims of the Aurora movie shootout, was discharged from the hospital on Wednesday.
Medley still will remain under facility care. He suffered serious head injuries as a result of the shootout. His wife, Katie, gave birth to their son only days after the Dark Knight Massacre.
On July 20, at a midnight screening of the cult-inducing Dark Knight Rises film at a movie house in Aurora, Colorado, Holmes, opened fire killing 12 people and injuring 59 others. He was arrested that morning and placed in a detention facility of Arapahoe County in solitary confinement.
Eighteenth Judicial District Attorney Carol Chambers told News Day that she is considering pursuing the death penalty, but only after consulting with the victims and their families.
Holmes has yet to enter a plea, but going by the current course of the case, defense Daniel King will likely make a plea for insanity or mental incompetency.
A recent report by the New York Times reveals that Holmes might have been suffering from dysphoric mania. Pyschiatrist, Roy Perlis of Massachusetts General Hospital and Assist. Prof. of Psychiatry at Harvard University, tells ABC News that "dysphoric or mixed mania refers to the fact that during a manic episode someone can also have significant depressive symptoms -- which seems like kind of a strange concept, but if you imagine feeling extremely irritable, uncomfortable, revved up, that starts to give a sense of what dysphoric or mixed mania probably feels like."
The condition is described as state of extreme agitation that is accompanied by dark thoughts, delusions and paranoia usually found in patients suffering from bipolar disorder.
Last month the University of Colorado Psychiatrist Dr. Lynne Fenton said that she informed a police about the 24-year-old expressing concern that her patient showed signs of imminent violence. In addition, police recovered a journal that the Ph.D. drop-out sent the university physiatrist cautioning on the upcoming fatal event he planned. Unfortunately, the journal remained in an unchecked mail-box and was discovered only until it was too late.
Holmes sent a journal, which was "full of details about how he was going to kill people," according to Fox News to the University of Colorado Anschutz medical campus in Aurora psychiatrist. However it was not discovered until too late.
Last week, prosecutor Karen Pearson 24-year-old, revealed that Holmes had told a classmate that he planned on killing people "when his life was over," and had also made violent threats to a university professor and "those threats were reported to police," as reported by the Huffington Post.
Defense, King objected to prosecutors bid for a gag order to get access to Holmes records. "They are fishing around to establish a motive. ... The motive is irrelevant...Nothing in those documents will reveal any intent," as reported by the Christian Monitor
Holmes is being charged with 12 counts of murder and 116 of attempted murder.