The man accused of killing 10 people, including a police officer, in a Boulder supermarket will undergo an evaluation of his mental competence to stand trial, a judge ruled Tuesday.
Ahmad Al Aliwi Alissa, 22, faces 115 total charges and sentence enhancers in connection with the March 22 attack, including 10 counts of first-degree murder, dozens counts of attempted murder and several weapons charges related to possessing banned high-capacity magazines.
Chief Judge Ingrid Bakke ordered the competence evaluation and report be completed within 21 days at the Boulder County jail.
Alissa’s public defenders filed a notice of raising competence last week, and the accompanying motion remains sealed.
The next day, Bakke granted a motion to vacate an already scheduled probable cause hearing set for Tuesday and converted it to a competence advisement.
In Tuesday’s hearing she reset the preliminary hearing for Oct. 19 at 1 p.m., pending the outcome of the competence evaluation.
A status hearing has also been set for Sept. 30 at 3 p.m. to review results of the competence evaluation.
To be considered competent to stand trial, a defendant must be able to understand the charges against them and assist in their own defense. Alissa's defense attorneys indicated in his first court appearance in March they were evaluating his mental health, but did not give specific details.
In the motion filed Thursday, his defense attorneys argued they have a "reasonable belief" Alissa has a mental disability affecting his competence based on direct personal interactions with him, information from family members, professional opinion and other evidence gathered.
In the courtroom Tuesday, Alissa wore orange-and-white striped prison clothes and a mask. He swiveled back and forth slightly in his chair and said only three words: “Yeah” twice when Bakke asked if he understood the rights she advised him of and “No” when she asked if he had any questions.
District Attorney Michael Dougherty expressed frustration that Alissa‘s defense attorneys raised the issue of his competence so close to Tuesday’s scheduled hearing because victims and victims’ families had already made plans to attend.
Public defender Daniel King said he did not mean disrespect to victims, saying “we quite simply were not done with the process and didn’t have an answer.”
Alissa’s defense has already had him evaluated, King said, and they expect the report to be finished in the next few weeks.
In a news conference following Tuesday's hearing, Dougherty said prosecutors have continued to talk with victims and families about the reality that the case will likely last a few years.
"For some valid reasons, the criminal justice process takes a long time. And if I could wave a magic wand and change just one thing, it would be to speed up the process of the justice system."
Bakke's order for a competence assessment means the case is put on hold while Alissa receives an evaluation by state mental health experts. Either side would be entitled to a second evaluation by an expert of their choice.
King said the defense will challenge a finding of competency if state experts conclude Alissa can stand trial.
The judge ultimately weighs the evaluations and would make the final decision.
If Alissa is found mentally incompetent, he will undergo treatment intended to restore him to competency. Defendants deemed incompetent can be held indefinitely under first-degree murder charges while they receive treatment.
