That's not exactly the problem

This one isn't entirely the Freep's fault. It's basically an AP suggested hed with a substitution: "killer" for "shooter," which picks up two counts and allows it to fit. The trouble is that the real shortcut -- "death" for something like "likelihood that a death sentence would be carried out, if approved by the jury" -- takes the corner a little too fast. Death has a way of being awfully certain. That's why we have the cliche.

You could take the hed down a few points and try something like "Death sentence would have been uncertain for theater killer." I'm not passionate about it, but at least Benjamin Franklin isn't rolling over and grabbing for the kite strings.