Accused Boulder King Soopers shooter still incompetent to proceed

Oct. 21—The man accused of killing 10 people in a mass shooting at a Boulder King Soopers in 2021 remains incompetent to proceed to trial and will continue to undergo treatment.

Ahmad Al Aliwi Alissa, 23, is charged with 10 counts of first-degree murder, 47 counts of attempted first-degree murder, one count of first-degree assault, 10 counts of felony possession of a prohibited large capacity magazine, and 47 crime of violence sentence enhancers.

Alissa was declared incompetent to proceed in December before his case could go to an evidentiary hearing.

At a review hearing Friday, Boulder Chief Judge Ingrid Bakke said the latest report filed on Oct. 10 indicated Alissa, who remains at the Colorado Mental Health Hospital in Pueblo and was not present for the hearing, is still incompetent to proceed.

Bakke said doctors at the state hospital still believe there is a "substantial probability" Alissa can be restored to competency through treatment.

But it has also been more than six months since doctors at the state hospital first stated "there is a substantial probability that (Alissa) will likely be restored to competency within the reasonable future and may be restored to competency and remain competent with the use of medications."

Boulder County District Attorney Michael Dougherty said at the hearing that family members of the victims have expressed their "frustrations" with the state hospital but acknowledge there was only so much the courts and attorneys could do.

Bakke said she understood everyone wanted the case to move forward, but said at the moment the court could only hope Alissa could be restored to competency.

"It understandably is a really frustrating process, and as Mr. Dougherty explained, and for the defense as well, we all have limited opportunities to do anything," Bakke said. "Bear with us, were going to keep plugging along and see where this goes."

Alissa is now set for a review hearing on Jan. 27. He will continue to be held without bond.

According to an arrest affidavit, police were called to the King Soopers at 3600 Table Mesa Drive at 2:40 p.m. March 22 for a report of an armed man who had shot a person in a vehicle in the store's parking lot and was inside the store.

Eric Talley, a 51-year-old Boulder police officer, was the first to arrive on scene and was shot and killed. Police said Alissa fired at other responding officers before one of the responding officers shot Alissa in the leg.

Alissa later surrendered to police. Police found weapons and tactical body armor at the scene, according to the affidavit.

In addition to Talley, Denny Stong, 20; Neven Stanisic, 23; Rikki Olds, 25; Tralona Bartkowiak, 49; Teri Leiker, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; and Jody Waters, 65, were killed in the shooting.