Judge rules suspect in fatal shooting not competent for trial

BOULDER, Colo. — A judge ruled that a man charged with killing 10 people at a Colorado supermarket last year is still mentally incompetent to stand trial, further delaying court proceedings in the case.

But the judge also said the assessment could change soon.

Experts at the Colorado Mental Health Institute at Pueblo have said there is a substantial probability that Ahmad Al Aliwi Alissa, 22, can be restored to competency within the “reasonable future” and remain competent by taking medications, Judge Ingrid Bakke said during a brief hearing Friday. It is a prognosis she first mentioned in a March 11 scheduling order.

The prosecution of Alyssa has been on hold since December, when Bakke first ruled that he was mentally incompetent — meaning he is unable to understand legal proceedings and work with his lawyers to defend himself.

Alissa is being treated at the state mental hospital and was not in court for the hearing. The judge set a July 21 hearing to again evaluate Alissa’s competency to stand trial.

Bakke’s ruling came nearly a month after Boulder, the home of the University of Colorado, marked the first anniversary of the attack that killed workers, customers and a police officer who rushed inside the store.

Few details have been released about Alissa’s condition. Reports on his evaluations are not available to the public, but a court filing discussing one of the evaluations last year said he had been provisionally diagnosed with an unspecified mental health condition that limits his ability to “meaningfully converse with others.”

Competency is a different legal issue than a plea of not guilty by reason of insanity, which involves whether someone’s mental health prevented them from understanding right from wrong at the time a crime was committed.

After the hearing, District Attorney Michael Dougherty said the average time to restore someone to competency is six months. He declined to speculate on when Alissa, who has been at the state hospital for four months, may be considered competent.

Robert Olds, the uncle of one of the 10 people killed, manager Rikki Olds, said Alissa has more rights than the victims. He remains hopeful Alissa will eventually go on trial.

“It will happen, I hope,” he said of a trial. “There is always that outside chance it won’t happen.”

Investigators have not released any information about why they believe Alissa attacked the supermarket. He lived in the nearby suburb of Arvada, where authorities say he passed a background check to legally buy the Ruger AR-556 pistol he allegedly used in the shooting.