Pueblo election tampering case bound for competency court
A Pueblo man's competency to stand trial in an election tampering case is still up in the air and has been bound over to competency court by District Judge William Alexander.
An initial report from the Colorado Department of Human Services has been ordered to opine on the initial likelihood of restoring to competency suspect Richard Patton, 31, to stand trial. However, no findings have yet been made, according to Colorado court records.
At a hearing Dec. 29, Alexander also ordered Patton to undergo outpatient mental health treatment in hopes of restoring legal competency in the case.
A Jan. 18 competency court hearing has been set in front of District Judge Allison Ernst, according to Alexander.
Patton was found to be incompetent to stand trial following a December evaluation by a behavioral health expert.
To be considered legally incompetent to proceed to trial, a person accused of a crime must be deemed incapable of understanding court proceedings and unable to assist in their own defense by communicating with their attorneys.
A finding of incompetency is legally distinct from a finding of insanity, which would focus on the mental state of the defendant at the time the alleged offense was committed.
No details are publicly available as to why Patton was found incompetent and a gag order has been issued in the case, forbidding involved parties from speaking publicly about the matter.
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Patton has been charged by the 10th Judicial District Attorney's Office with tampering with voting equipment, a class 5 felony, and computer crime — exceeding access, a class 2 misdemeanor.
Patton is the first person in Colorado charged under a new state law that upgraded the charge for tampering with election equipment from a class 1 misdemeanor to a class 5 felony. Under Colorado law, a class 5 felony is punishable by a one- to two-year jail sentence and/or a fine between $1,000 and $100,000.
Patton, a registered Democrat, was arrested for the alleged offense in November.
He had come to vote in person at the Pueblo County Board of Elections on June 28, the last day to vote in the 2022 primary, according to his arrest affidavit.
Election workers told law enforcement that Patton asked them about the site's security presence before he cast a ballot. Patton dropped off his ballot before leaving the office, and state voting records confirm his ballot was cast.
Shortly after Patton left, an election worker went to clean the machine, per COVID-19 protocols, police said. An error code on the screen after Patton left stated, "USB device detected. Please call a poll worker for assistance."
The polling machine was immediately taken out of service and poll workers confirmed that no one else could have used the machine after Patton.
An election worker stated to investigators that the seals on the machine were not damaged, but a USB cord had been pulled out and white marks visible on the seal indicated tampering.
Patton later was released from jail on $5,000 bond.
All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.
This article originally appeared on The Pueblo Chieftain: Pueblo election tampering case bound for competency court
