Charges dismissed, competency issues cited
The Boulder County District Attorney’s Office dismissed the charges against a man reportedly involved in a shooting at a Longmont shoe store after doctors said it was unlikely the defendant would ever be competent to stand trial.
Anderson Zuniga Mendoza, 18, was charged with four counts of attempted first-degree murder — extreme indifference, aggravated robbery — menacing victim with a deadly weapon, four counts of violent crime with the use of a weapon, and three counts of child abuse — knowing or reckless causing no injury, according to court records.
But those charges were dismissed after prosecutors filed a motion on Tuesday, noting that two evaluations found that Zuniga Mendoza had “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 the defense or prevents him from having a rational and factual understanding of the criminal proceedings.”
Doctors also found that Zuniga Mendoza was not a danger to himself or others and did not meet the criteria for involuntary medication. As a result, he was released from custody.
“As the judge pointed out in her order, both evaluating doctors agreed that the defendant is currently incompetent to proceed and unlikely to be restored to competency in the reasonably foreseeable future,” said Boulder County District Attorney Michael Dougherty in a statement. “Under those circumstances, the law requires that the Court dismiss the case. State law required this dismissal. However, our state continues to fall short in mandating treatment and providing additional options for an individual to be committed for mental health care. That is the exact opposite of what should happen in cases such as this one.
“In an ideal world, the required dismissal of a criminal case due to one’s competency should trigger automatic admission and care at a mental health facility. We will continue to advocate for positive changes to the state system — both for these individuals and for community wellbeing.”
Boulder County Judge Elizabeth Brodsky approved the dismissal, but in her order wrote that she “strongly encourages Mr. Zuniga Mendoza and his family to take advantage of … supportive services.”
Zuniga Mendoza and Efrain Alejandro Reyes were suspected to have been involved in the robberies of a Lids Locker Room Store in Thornton, a Dick’s Sporting Goods in Aurora and a Famous Footwear in Longmont on Aug. 23 with two other suspects who have not been named.
In the Longmont incident, police were dispatched to 205 Ken Pratt Blvd. at 6:19 p.m. Aug. 23 to investigate a shooting in progress. Upon arrival, they observed gunshot damage to a storefront window, according to an affidavit. Police suspect that Zuniga Mendoza had a semi-automatic handgun and fired one round into the air before aiming toward the store and firing a round through the window, narrowly missing store employees and shoppers — including three children — inside.
Officers noted that before leaving the store, Zuniga Mendoza pointed his handgun at an on-duty store manager, only a foot away from the manager’s face, while other suspects left the store with boxes of shoes. Then Zuniga Mendoza left the store before Reyes attempted to leave with boxes of shoes in his arms, according to the affidavit.
Police said the store manager then pushed Reyes as he was exiting in an attempt to stop him from getting away. However, Reyes is believed to have escaped and run to the suspect vehicle. The manager then took photos of the suspects which included an image of Zuniga Mendoza pointing a handgun at the manager, according to the affidavit.
Police stated in the affidavit that Reyes assisted in loading the vehicle with $1,001 worth of stolen merchandise.
After responding, police said they connected the four suspects to other armed robberies the same day.
Reyes’ case remains open. He is set for an arraignment on March 25.