Defendant in Boulder King Soopers shooting enters not guilty by reason of insanity plea

Nov. 14—The defendant in the 2021 Boulder King Soopers shooting has entered a plea of not guilty by reason of insanity following a preliminary hearing Tuesday.

Ahmad Al Aliwi Alissa, 24, appeared in Courtroom G before Boulder Chief Judge Ingrid Bakke.

Bakke set bond in the case at $100 million and set Alissa for a three-week trial starting Aug. 12. He will have a week-long motions hearing starting Aug. 5.

Alissa has been 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 in connection with the shooting in March 2021.

During the hearing, the District Attorney's Office dismissed four counts of using a prohibited large capacity magazine during a crime, as it was determined that they were not modified to have more than 15 rounds.

The remaining charges were upheld.

Bakke ordered Alissa be set back to the Colorado Mental Health Institute in Pueblo for an evaluation following his insanity plea. The evaluation must be completed by Jan 8.

During the preliminary hearing, Boulder County District Attorney Michael Dougherty called Cantu to the stand.

In her testimony, lead Boulder police Detective Sarah Cantu described in detail the timeline of events that occurred on March 22, 2021, including how each murder victim was fatally shot and the attempted murder victims that were in line of immediate fire.

Cantu said the shooter specifically targeted moving victims in the store. At one point, the shooter aimed a gun at a man who was actively shopping before deciding to not fire and move on to target other victims. Cantu added that the shooter would pass people who had laid down on the floor to targeted those attempting to escape.

Cantu also revealed in her testimony that the shooter made a magazine change during the incident. One attempted murder victim specifically waited to hear the change before escaping as she believed it would allow her and her son to have 15 seconds where no shots would be fired to escape, according to Cantu.

Dougherty provided a number of photos to the court which were still shots of video footage from body cameras and surveillance cameras. Dougherty also asked Cantu to describe images of the rifles in which the shooter used.

Cantu revealed that last week she found that the rifles had been modified to be able to hold 30 rounds. Dougherty said legally, rifles can only hold 15.

Cantu testified that the shooter had three rifles and four hand guns on his body and nine rifles in the car.

In the cross examination, lead defense attorney Kathryn Herold described and questioned Cantu on the defendant's choice to strip down to his underwear prior to surrendering. She also brought up the witness statement that Alissa was quiet during the incident and when he shouted or spoke is was "out of character" or sounded like gibberish. Herold added that when arrested, police did not ask Alissa any questions and all he asked for was his mother.

Herold also brought up his family's description of his character leading up to the shooting as "odd."

Herold rested in making any final statements or bringing any witnesses to the stand. Dougherty spoke to the intent and after deliberation aspects of Alissa's charges.

"This defendant came armed and ready to kill as many innocent defenseless and unarmed people he could," Dougherty said before referencing that number of victims killed within a short period of time.

In her testimony, Cantu said that the first eight murder victims as well as 14 victims of attempted murder were fired at within 69 seconds.

Dougherty pointed to the shooter's targeted attacks on people as a sign of deliberation and intent. Cantu determined the attacks were targeted because there were multiple gun wound to a majority of victims, victims were shot in close range, the shooter pursued victims by quickly running or quickly walking after them, and the shooter passed victims who were not moving.

Dougherty also argued that the preparation for the incident shows intent and deliberation. Alissa's phone had internet history of "how to fire and how to fire more quickly" as well as tips of "how to shoot and shoot while moving" in his notes app. Alissa also attended a gun range multiple times and bought weapons prior to the attack, according to Cantu.

"The defendant moved quickly and brutally to kill each and every one of the victims," Dougherty said. "Once he focused on a victim he walked quickly or ran at them and fire multiple times before they were killed."

When addressing bond, defense attorney Sam Dunn spoke to Alissa's mental illness and diagnosis with schizophrenia. Dunn did not pinpoint a specific bond but said Alissa's instability as well as his connections to the community should be considered.

"He is very ill," Dunn said. "He doesn't believe he's ill so that's why he might not be taking his medication,"

Dougherty requested a bond of $500 million and said he considered requesting $1 billion due to the number of victims in the case, Alissa's ability to travel, his motivation to flee and is unlikely ability to comply with court orders.

Dunn argued that Dougherty's bond request was "preventative detention" and said it was illegal in Colorado.

Following the hearing Dougherty spoke about the hearing with the victims in mind.

"Today's hearing is a positive step forward, but a hard one for the victims and families," Dougherty said in an email. "Our office will continue to fight for justice in this case; we are honored to work on behalf of all the victims and this community."

The purpose of a preliminary hearing is to determine whether there is probable cause that Alissa committed the crimes he has been charged with.

In a press release, the Boulder County District Attorney's Office said the Boulder Strong Resource Center, located at 2935 Baseline Road, remains open and available to anyone seeking support in coping with psychological or emotional effects associated with the shooting.

Alissa was deemed legally competent and capable to proceed with trial on Oct. 6.