In a notice filed Tuesday in circuit court, Michael J. Satz, the Broward state attorney, said the state meant to seek the death penalty for Cruz and would prove that the crime "was especially heinous, atrocious or cruel".
The only other penalty option for Cruz is life in prison without the possibility of parole. Not, should he go free? "We are not saying he is not guilty but we can't plead guilty while death is still on the table", Finkelstein said.
Cruz now "stands mute" before the charges, having withdrawn a written "not guilty" plea after being indicted by the grand jury. Anthony Borges, 15, was shot five times.
The shooting has sparked a fierce national debate over gun rights, with numerous student survivors vowing to push for gun control regulations so that the shooting they lived through might be the last.
Broward Health spokeswoman Jennifer Smith said Tuesday that Anthony Borges' condition has now been upgraded to fair. The commission has the power to ask voters to approve changes to the state's constitution.
Tuesday's news comes one day before the one-month anniversary of the mass shooting at Marjory Stoneman Douglas.
Borges' family has filed notice that they will sue Florida authorities to seek money to cover the cost of his recovery.
"You can help defeat this challenge", Montalto told commissioners.
But this week he failed to follow up on plans to ban the sale of assault rifles, or the sale of any type of gun to those under 21.
Nikolas Cruz is a former student at the Marjory Stoneman Douglas High School. "They're not asking to take away people's guns or their ability to hunt", said John Willis.