BOULDER, Colo. — The suspect accused of killing 10 people at the Table Mesa King Soopers in Boulder in March 2021 has been restored to competency, allowing the trial against him to proceed, the 20th Judicial District Attorney's Office said Wednesday.
The case has been on hold since December 2021, when a judge ruled the suspect, Ahmad Al Aliwi Alissa, was not competent to stand trial based on evaluations from doctors at the Colorado Mental Health Institute at Pueblo.
Prosecutors said Wednesday that the Colorado Department of Human Services has now determined the suspect is competent to proceed in the case.
"According to CDHS, it is because of 'consistent medication compliance' and the recent addition of a new drug that Defendant is now competent," the DA's office wrote in a court filing Wednesday.
In the court filing, prosecutors said the defense has until Sept. 1 to challenge the re-evaluation report.
"The doctors at the state mental health hospital are asked to form opinions on whether the person now has the capability of having a factual and rational understanding of the courtroom proceedings," explained Dr. Max Wachtel, 9NEWS psychology expert, and a forensic psychologist who has conducted these types of competency exams for other patients.
"Do they know what's happening in court? Can they use that information to make reality-based decisions? Can they work with their attorney to assist in their defense? That is the definition of competency in the state of Colorado," he said.
"Apparently his condition has improved to the point that he will be able to understand the basic court proceedings and to assist his attorney in his defense," 9NEWS legal analyst Scott Robinson said.
The DA's office said they have asked the court to "make the judicial finding that he is competent and take action to schedule a preliminary hearing as soon as practicable."
A person's competency is evaluated in the moment, and it can later change. 9NEWS got insight into how a person gets evaluated.
"Really doing a good clinical interview to get at what their mental health status is, and then having more of a discussion around their legal status and asking some pretty targeted questions, or some hypothetical questions so that we can have understanding of what their understanding is," said Dr. Jennifer McMahon, a licensed psychologist, and University of Denver Assistant Research Professor.
The DA's office also requested that the suspect be allowed to stay at the mental health institute pending trial. They said the Boulder County Jail is not equipped to administer the same care and medication as the hospital.
"Having now restored him to competency, it would be irresponsible for CDHS to send him back to the Boulder County Jail at this stage of the case considering CDHS has labeled his competency status as 'tenuous' and determined that any 'disruptions in his current medication regime' could jeopardize his competency," prosecutors wrote.
In March of this year, prosecutors requested a hearing to address the suspect's mental health, saying the diagnosis from the hospital at that time was "flawed and inaccurate." In April, the judge granted their motion for a restoration hearing.
A hearing was scheduled for May, but prosecutors at that time filed a motion asking for it to be postponed until August, citing "recent, significant disclosures and developments." The three-day hearing was then set to be held next week. That hearing has now been canceled, and a status conference is set for Tuesday at 1:30 p.m.
Competency does not not mean the defendant cannot still argue he doesn't know the difference between right and wrong.
"I fully anticipate an insanity defense will be the defense offered at trial," Robinson explained, "Competency is an entirely different thing than insanity. Competency is the mental capacity to go to trial now. Insanity is your mental status at the time of the alleged offense."
It's been a tough time for the victims' families, as this case has been on hold. Robert Olds is the uncle of Rikki Olds, one of the King Soopers employees killed in the shooting.
"My big question here is, how did it take these doctors 18 months to do their job. Who is responsible for overseeing that department?" he asked Wednesday.
Olds said his family is glad for the progress, but only cautiously so.
"You guard yourself against getting too excited with some of this news because you lived it and you’ve been beaten down by it so many times before in this case. It’s a guarded joy. Hopefully it's some steps moving forward towards a little bit of justice," he said.
"There's no doubt, no doubt what he did. He murdered 10 people," Olds said. "Let's get on with this. Let's get some justice served. Let's move a little closer to some closure."
The 10 people killed in the shooting were:
- Denny Stong, 20
- Neven Stanisic, 23
- Rikki Olds, 25
- Tralona Bartkowiak, 49
- Suzanne Fountain, 59
- Teri Leiker, 51
- Officer Eric Talley, 51
- Kevin Mahoney, 61
- Lynn Murray, 62
- Jody Waters, 65
The shooting happened more than two years ago, and University of Colorado Victim Assistance Director Jessica Ladd-Webert said everyone responds to trauma differently. She also says a tragedy like the King Soopers shooting can affect people beyond those who were there, or lost a loved one.
She says some people look to the court system for closure and accountability, and a gap this long between the incident and a trial can slow some people's recoveries.
"Sometimes you can see people feeling frustrated or anger at systems, because this feel like it's harder for them to move forward and heal," Ladd-Webert said.
For others, she said the news of a court proceeding could bring up unexpected feelings for people who think they're further along in healing.
"Sometimes it's like that mourning process you might see with grief and loss," said Ladd-Webert.
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