I expect he can be. Intention can affect what one is charged with or how one is punished, but it does not absolve one of all responsibility for the consequences of one’s actions.
nvm
El Paso County District Attorney James Montoya said during a news conference that his decision in the prosecution of Patrick Crusius, who drove across the state for one of the deadliest mass shootings in U.S. history and posted a racist screed just before opening fire, was driven by a majority of victims’ relatives who wanted the case behind them.
“This is about allowing the families of the 23 victims who lost their lives on that horrific day — and the 22 wounded — to finally have resolution in our court system,” Montoya said in a statement.
This was at the state level. Note that on the Federal level:
Patrick Crusius, 26, is expected to plead guilty Monday to capital murder and receive a sentence of life in prison with no possibility of parole for the massacre near the U.S.-Mexico border. El Paso County District Attorney James Montoya said last month he was offering Crusius a plea deal and that he wouldn’t face the death penalty on the state charge.