Report deems Boulder King Soopers shooting suspect competent to proceed

Mitchell Byars, Daily Camera, Boulder, Colo.
·4 min read
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Aug. 23—The man accused of shooting and killing 10 people at a Boulder King Soopers in 2021 has been deemed competent to proceed in a report from Colorado Department of Human Services, setting the stage for proceedings in his case to resume.

Ahmad Al Aliwi Alissa, 24, 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 in connection with the shooting in March 2021.

Alissa was declared incompetent to proceed to trial in December 2021 and has been undergoing treatment ever since at the Colorado Mental Health Institute in Pueblo.

Defense attorneys have said Alissa suffers from schizophrenia, but prosecutors in recent months have raised concerns that Alissa has been feigning symptoms. They also questioned Alissa's refusal to accept treatment and the state hospital's ability to treat him given the facility's staffing issues.

Alissa was set for a competency hearing next week, but that hearing was canceled after attorneys filed a joint motion asking for a delay because the state hospital had failed to provide reports in a timely manner.

But in a news release sent Wednesday, the Boulder County District Attorney's Office said Colorado Department of Human Services in a competency reevaluation "determined that the defendant does not currently have a mental disability or developmental disability that prevents him from having sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding in order to assist in his defense or prevents him from having a rational and factual understanding of the criminal proceedings.

"Thus, CDHS determined that defendant is now competent to proceed in this case. The defendant has been deemed as restored to competency."

While the report deemed Alissa competent to proceed, the order to formally lift the mental health stay on the case must be issued by a judge. Prosecutors have filed a motion with Boulder Chief Judge Ingrid Bakke asking her to find Alissa competent and set the case for a preliminary hearing at "the earliest possible date without any further delay."

Prosecutors also said the victims' families were notified of the report.

"Our office will continue fighting for justice in this case," Boulder County District Attorney Michael Dougherty said in a statement.

Cynthia Coffman, board chair of the Colorado Healing Fund, also issued a statement Wednesday.

"For too long — nearly two years — victims of the supermarket mass shooting and the Boulder community have waited for the justice system to decide the fate of the alleged perpetrator," Coffman stated. "Our organization and our donors have been with the victims and the community from the very beginning, and we will continue to be there to help support their long-term needs during this new stage of the legal process."

Alissa is now set for a status conference on Tuesday.

Alissa is being held without bond, but once the stay on his case is lifted he will need to have bond set following a Colorado Supreme Court ruling that banned no-bond holds in first-degree murder cases.

Prosecutors did ask that once bond is set, Alissa be allowed to remain at the Colorado Mental Health Institute in Pueblo rather than the Boulder County Jail.

"The Boulder County Jail is not a mental health hospital and is not as well equipped or able to administer care, medication, or the same level and methods of treatment as CMHIP," the motion read. "The People have conferred with Boulder County Jail staff about CDHS's determination that defendant is competent to proceed. Because of the limitations of mental health treatment and care at the Boulder County Jail, the jail fully supports defendant remaining at CMHIP while this case is pending and will transport defendant from CMHIP whenever required by the court.

"Having now restored him to competency, it would be irresponsible for CDHS to send (Alissa) back to the Boulder County Jail at this stage of the case considering CDHS has labeled his competency status as 'tenuous' and determined that any 'disruptions in his current medication regime' could jeopardize his competency."

Bakke in a notice sent out Wednesday asked for a response from defense attorneys within seven days.

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.