AURORA, Colo. — The attorney for a man accused of shooting three people in June told a judge Monday morning that he may not be mentally competent to go on trial.
Austin Benson, 35, faces four counts of attempted murder – and a total of 23 separate charges – after a series of random shootings on June 27 in Aurora that left three people seriously injured.
During a court hearing, Benson’s attorney, public defender David Kaplan, told Arapahoe County District Judge James Quinn that he was planning to raise the issue of whether the man is competent to stand trial.
In legal terms, competency means a defendant can understand the proceedings and assist in the defense.
Judge Quinn gave Kaplan until Dec. 13 to file a motion for a competency evaluation which, if granted, would lead to a delay of undetermined length in the legal proceedings.
Benson was previously charged with attempted murder in a remarkably similar case in July 2018 in Douglas County, when he was accused of driving along a rural road and randomly shooting at people.
That case languished for five years before a judge dismissed the charges after multiple doctors concluded Benson wasn’t competent to stand trial.
“I was hoping that there would be a different outcome and we can get closer to a trial date or something,” said Sue Johnson, whose daughter, Aryn, is one of those injured in the shooting in Aurora.
Five months later, Aryn Johnson remains paralyzed.
“That's going to be for the rest of her life – probably,” Sue Johnson said. “We're hoping not – we’re hoping a miracle happens.”
Her daughter is currently being treated at a rehabilitation center and is using a wheelchair.
The other two people who were injured – were out of the hospital shortly after being wounded but are dealing with longer-term ramifications.
Benson is being held without bail and faces four counts of attempted first-degree murder, six counts of first-degree assault, two counts of attempted first-degree assault, four counts of felony menacing, four counts of illegal discharge of a weapon, possession of a large capacity magazine, possession of a gun while intoxicated, and leaving the scene of an accident.
Prosecutors also filed four counts of committing a violent crime, a sentencing enhancer.
The incident that unfolded on July 2, 2018, along Rampart Range Road in Douglas County, included allegations that Benson shot at and threatened multiple people. It ended when a retired police officer, camping with his wife, grabbed his gun and shot Benson multiple times, seriously wounding him.
Prosecutors charged him with three counts of attempted first-degree murder, attempted robbery, 14 counts of felony menacing, and criminal mischief.
For more than five years, the case languished in court as doctors, on six separate occasions, concluded that Benson was not mentally competent to go to trial.
On Oct. 26, 2023, Douglas County District Judge Ryan Stewart ruled that there was not a substantial probability that Benson could be restored to competency within the reasonably foreseeable future.
At that point, under state law, he had no choice but to dismiss the case.
The family of Aryn Johnson started a fund to help with medical bills.
Contact 9NEWS investigator Kevin Vaughan with tips about this or any story: kevin.vaughan@9news.com or 303-871-1862.