Accused King Soopers shooter still not competent to stand trial

Jan. 27—More than a year after he was first deemed unfit to proceed to trial, a man accused of killing 10 people in a mass shooting at a Boulder King Soopers in 2021 is still undergoing treatment while prosecutors have asked for more testing.

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 2021, and has been undergoing treatment at the Colorado Mental Health Institute in Pueblo.

Doctors at the state hospital have asserted, including in the most recent report, that there was a "substantial probability" Alissa could be restored to competency through treatment.

But at a hearing Friday, Boulder County District Attorney Michael Dougherty said his office filed a motion with the state hospital asking to have a doctor perform a forensic neurological exam to confirm the defendant is in fact incompetent.

Dougherty said the state hospital responded Friday that it would not object to the exam as long as they approved the doctor giving the exam.

But Alissa's attorney Kathryn Herold objected to the exam and to the state hospital approving such an exam.

Chief Boulder Judge Ingrid Bakke said she would allow Herold to respond to the motion.

A hearing has been set for April 28. Alissa, who was not at Friday's hearing, will remain in custody 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.