FILE- This Feb. 19, 2018 file photo shows Nikolas Cruz appearing in court for a status hearing before Broward Circuit Judge Elizabeth Scherer in Fort Lauderdale, Fla., Florida prosecutors announced Tuesday, March 13 that they will seek the death penalty against Cruz, a former student charged in the fatal shooting of 17 people at Marjory Stoneman Douglas High School last month. (Mike Stocker/South Florida Sun-Sentinel via AP, Pool, File)

Facing death penalty, Florida school shooting suspect in court

Florida prosecutors announced that they will seek the death penalty against Cruz, a former student charged in the fatal shooting of 17 people

Now formally facing the death penalty, the suspect in the Valentine’s Day school shooting that killed 17 people in Florida is headed for a court appearance Wednesday on a 34-count indictment.

An arraignment hearing is set for 19-year-old Nikolas Cruz, whose attorneys say he will plead guilty to all charges if the death penalty is not pursued in the Marjory Stoneman Douglas High School massacre. But Broward County State Attorney Michael Satz on Tuesday filed formal notice that prosecutors will indeed seek capital punishment.

Related: US students stage school walkouts to protest gun violence

Broward County Public Defender Howard Finkelstein, whose office is representing Cruz, has said there were so many warning signs that Cruz was mentally unstable and potentially violent, and that the death penalty might be going too far.

In an email Tuesday, Finkelstein said Cruz is “immediately ready” to plead guilty in return for 34 consecutive life sentences.

“We are not saying he is not guilty but we can’t plead guilty while death is still on the table,” Finkelstein said.

Related: ‘Run’: A 6-minute fatal rampage for shocked Florida school

If Cruz does not enter a plea himself — known as standing mute before the court — a not guilty plea will likely be entered on his behalf by Broward Circuit Judge Elizabeth Scherer to keep the legal process moving along, his attorneys have said.

In every case, there is always the possibility of a plea deal. The only other penalty option for Cruz, if convicted, is life in prison with no possibility of parole.

Fred Guttenberg, whose daughter Jamie Guttenberg died in the shooting, was angry the state decided to pursue the death penalty, noting how tortuously long capital punishment cases last.

“This guy’s is willing to plea and spend the rest of his life in the general population. Let him do that and let them do what they want with him,” Guttenberg said. “Why not take the plea and let the guy rot in hell?”

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Associated Press writers Gary Fineout in Tallahassee, Jason Dearen in Gainesville and Tamara Lush in St. Petersburg contributed to this story.

Curt Anderson, The Associated Press

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