BM could be subject to the death penalty per the law in Colorado in effect on May 9-10, 2020. When it was abolished by the Colorado legislature, it was for crimes dated after July 1, 2020.
Per Wikipedia, "In March 2020, the
Colorado Legislature passed a bill to repeal the
death penalty for individuals – only for crimes committed after July 1, 2020."
Of course, we don't know if the prosecution will recommend that sentence for this capital crime.
The governor commuted the sentences of all on capital row after he signed the legislation, so maybe he has the power to do that in this case, should that be the punishment upon conviction.
https://www.google.com/amp/s/www.thedenverchannel.com/news/politics/colorado-governor-signs-bill-to-repeal-death-penalty-commutes-sentences-for-3-on-death-row?_amp=t
Still highly probabe he will be in prison for life (or less) rather than face the death penalty, which would no doubt be appealed vigorously by his attorneys. MOO