BOULDER, Colo. — A Boulder District Court judge granted the district attorney's request that the Boulder King Soopers shooting suspect undergo a second competency evaluation.
Judge Ingrid Bakke ordered the Boulder DA's office and Ahmad Alissa's defense attorneys confer and come up with a list of four evaluators by October 20. The court will then appoint the evaluator from that list, the order reads.
The competency evaluation report will be due within 35 days after the evaluator is appointed, according to Bakke's order.
>Video above: Family of King Soopers shooting victim frustrated by delay in legal process
The shooting suspect was supposed to be in court Oct. 14 for a hearing to go over the first competency evaluation. That hearing, along with the preliminary hearing that was scheduled for Oct. 19, have been vacated. New dates for those hearings will be set at a later time.
Two court-ordered doctors found the suspect, who police believe shot and killed 10 people in a King Soopers in Boulder in March, was "not competent to proceed," according to court documents.
According to court documents posted last week, the doctors who conducted the evaluation found that Alissa could understand the charges against him, the potential sentence, and the roles of the judge and attorneys in the case.
"However, the doctors conclude that their 'provisional' mental health diagnosis of Defendant 'limit[s] his ability to meaningfully converse with others,'" according to the court documents. "And that his 'superficial responses' to hypothetical legal situations indicate a 'passive approach to his defense' and 'potential over-reliance on his attorneys.'"
The nine-page evaluation report concludes that Alissa is not currently competent to proceed, according to court documents.
9NEWS legal expert and former district attorney George Brauchler said a court will ultimately decide if the accused shooter is competent, and the judge doesn't have to accept the doctors' findings in the first evaluation.
"Incompetence isn't insanity, and one doesn't suggest the other," he said. "So even if the court were to find this guy incompetent, all that would do is merely delay proceedings until he can be restored to competency."
Alissa is charged with 54 counts related to the March 22 shooting at the grocery store on Table Mesa Drive that left 10 people dead, including Boulder Police Officer Eric Talley.
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