Boulder judge defers to state hospital on decision to further evaluate accused King Soopers shooter
Mar. 14—A Boulder judge ruled that the decision on whether or not to further evaluate the accused King Soopers shooter would be left to the state hospital, and that such an exam would be allowed but could not be demanded by prosecutors.
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 ever since at the Colorado Mental Health Institute in Pueblo. At a hearing on Jan. 27, doctors again said Alissa was not competent to proceed but maintained he could be restored with further treatment.
In a motion filed by prosecutors on Feb. 2, the Boulder County District Attorney asked for a forensic neuropsychological evaluation due to concerns that the symptoms doctors cited as evidence Alissa was not competent to assist in his own defense were not due to a mental illness but to an unwillingness to participate in the court and treatment process.
Defense attorneys objected, saying the the courts, prosecutors and the state hospital did not have the authority to order Alissa to undergo such an examination. Defense attorneys also noted Alissa had schizophrenia and might not even be able to undergo such an exam.
In a written ruling published Tuesday, Boulder Chief Judge Ingrid Bakke ruled that a forensic neuropsychological evaluation would be considered treatment, and thus she did not have the ability to prevent the state hospital from performing one.
However, she did note that the prosecution also did not have a right to request such an exam, and furthermore could not bring in its own doctor to perform such an exam.
The order essentially puts the onus on the state hospital, which prior to Bakke's ruling did not object to the prosecutors bringing in their own doctor for an exam but also had not ordered one.
"As this is considered treatment of an individual undergoing restoration treatment, the court finds this is under the sole purview of CMHIP," Bakke wrote. "The court finds that CMHIP has not indicated whether this evaluation will be beneficial to their treatment of defendant, but, simply, that the doctors do not have concerns regarding the performance of the evaluation."
Meanwhile, Bakke also deferred on a separate prosecution motion seeking a competency hearing, asking the District Attorney's Office to provide the reason for the request.
Defense attorneys argued that since no doctors have opined that Alissa was competent a competency hearing could not be ordered, but Bakke ruled that holding a hearing was within her discretion and said she would do so if prosecutors provided a "good faith basis" to do so.
For now, Alissa's next scheduled hearing is April 28.
"Our office has been in contact with the victim families about the court's decision," Boulder County District Attorney Michael Dougherty said in a statement. "We will continue to vigorously pursue every avenue to move this case forward."
According to an arrest affidavit, police were called to the King Soopers at 3600 Table Mesa Drive at 2:40 p.m. March 22, 2021, 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.
