Evaluators Deem Boulder King Soopers Shooter Incompetent to Stand Trial
More than six months after the mass shooting, the Boulder District Attorney’s office has made a decision.
On March 22, 2021, Boulder residents felt the direct effects of gun violence in their community when a gunman stormed the Table Mesa King Soopers. Now, about six month later, Ahmad Alissa awaits trial for the killing of 10 people.
Today, doctors deemed Alissa to be incompetent to stand trial, but prosectors have asked for second evaluation and have been granted one.
According to the Boulder Daily Camera, the Boulder District Attorney’s office has filed a motion asking for an additional evaluation, claiming Alissa’s responses indicate he has enough understanding of the case to proceed.
Aya Gruber, CU Law professor, told the Boulder Daily Camera, that when a person lacks competency and cannot understand what is happening, it is a violation of due process.
“Competency is when a person’s mental condition is such that they can’t understand the proceedings and assist in their own defense,”said Gruber.
In cases such as this one, it is not uncommon to question the suspect’s competency in court–due to the severity of the crime. In fact, it is not uncommon among suspects of mass shootings.
Following the Colorado Springs Planned Parenthood shooting in 2015, a federal judge deemed Robert Dear mentally incompetent. Dear admitted to killing three people at the clinic, however the case against him came to standstill in 2016 after multiple conclusions deeming him to the be incompetent.
Likewise, the question of competency was raised during the case against James Holmes–the gunman who carried out the attack at an Aurora movie theatre in 2012. Ultimately, he was found competent to stand trial, though he pleaded not guilty by reason of insanity.
According to Gruber’s explanation in the Boulder Daily Camera, insanity and competency differ in that insanity deems that at the time of the crime, you suffered from a condition in which you were unable to understand the nature of the crime, or know that it is wrong.
While it is not clear why Alissa’s public defenders have believed he is incompetent to proceed, the day after the violent shooting his brother stated that he suffered from mental illness.
Nonetheless, today Alissa’s evaluators concluded that he is incompetent to proceed. With another evaluation requested by prosecutors, the push for justice continues.
Devon Romero, Student’s Demand Action CU Chapter President, has experienced gun violence not only in our community, but among her family. After losing her father to gun violence, she has done everything in her power to fight for a safer community.
“I think we’re all hoping for justice, it’s really as simple as that. I’ve seen that the judge has requested a competency evaluation which I think is good but I hope whatever the results are don’t take away from the significance of this trial. As someone who is still going through the trial process, I hope that for the families sake of the ten victims that it is a short trial with justice as the outcome,” she said.
