Judge Delays Ruling on Competency of Man Charged in Supermarket Massacre, Leaving Prosecution in Limbo

A judge has granted a defense request for a hearing with experts to assess the mental competency of Ahmad Al Aliwi Alissa, the man charged with the 2021 mass shooting at a Colorado supermarket. Prosecutors recently stated that experts at the state mental hospital have deemed Alissa mentally competent to proceed with the case. However, his lawyer, Kathryn Herold, exercising the defense's right to challenge the finding, requested a hearing with testimonies from both prosecutors and the defense before Judge Ingrid Bakke makes a final decision on his competency. Bakke was obligated to schedule the hearing under the law, but denied Herold's request for another evaluation.

Herold argued before Bakke that all evaluations conducted on Alissa, including the most recent one that found him competent, confirm his "profound mental illness." She also expressed doubt about her client's competency, emphasizing his schizophrenia diagnosis.

Alissa faces charges of murder and multiple attempted murder counts for the shooting at a crowded King Soopers store in Boulder on March 22, 2021. He has not yet entered a plea.

District Attorney Michael Dougherty informed Bakke that Alissa is consistently taking his medication, including a new unidentified drug, and mentioned that doctors obtained a court order to forcibly medicate him. However, he stated that hospital staff believe Alissa's competency is "tenuous" and requested Bakke to encourage the state hospital to retain him rather than sending him back to Boulder jail, where he cannot be forcibly medicated or receive the same level of care.

Under Colorado law, Alissa's hospital reports are not public, but limited details about his mental health have been provided by lawyers in court filings. In February, Alissa's attorneys confirmed his schizophrenia diagnosis and highlighted his limited ability to interact with others.

Considering the victims and their families' desire for progress in the case, Bakke agreed to schedule a hearing to determine if there is enough evidence for Alissa to stand trial on November 14. Dougherty argued that this could proceed even if Alissa is deemed incompetent.