As jurors failed to reach a unanimous decision on the sentence, it in turn means Superior Court Judge James Bodiford must sentence Brian Nichols to life, only having to decide whether that will include the possibility of parole. A hearing was slated for Saturday morning.
Prosecutors had urged jurors to sentence Nichols to death after he was convicted in November of murder and dozens of other counts in the 2005 killings.
The 37-year-old was on trial for rape when he seized a guard's gun and fatally shot the judge, a court reporter and a sheriff's deputy in the courthouse.
Nichols fled and gunned down a federal agent in an Atlanta neighborhood.
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