Defense wants more time
Attorneys want to assess mental health; suspect charged with 10 counts of first-degree murder
An attorney for the man charged with fatally shooting 10 people at a King Soopers store in Boulder asked a judge for more time to assess the “nature and depth” of what she described as the suspect’s mental illness during his first court appearance
Thursday.
Boulder County’s district attorney charged Ahmad Al Aliwi Alissa, 21, with 10 counts of first-degree murder in connection to the shooting, as well as one count of attempted first-degree murder.
District Attorney Michael Dougherty told the judge he expects to file more charges in the case as the investigation continues.
Each first-degree murder charge carries a mandatory sentence of life in prison without the possibility of parole. Colorado
abolished the death penalty in 2020.
The filing of criminal charges came as mourners continued to pay their respects outside the King Soopers on Table Mesa Drive in Boulder, and the families of those killed at the store began announcing funeral plans — including a private service this weekend for 23-year-old Neven Stanisic and a public memorial Tuesday for slain police Officer Eric Talley. Thursday’s court hearing lasted less than 10 minutes and took place in a mostly empty courtroom, although dozens of people tuned into proceedings online or by conference call.
Boulder District Judge Thomas Mulvahill read Alissa his rights and told the defendant that the court would wait to make a decision on bail until after a later hearing. Until then, Alissa will remain in jail, where he has been held since being discharged from a hospital. He had been treated for a bullet wound after being shot by police during Monday’s rampage. Alissa did not speak during the hearing, except to answer “yes” to the judge’s question of whether he understood his rights. The hearing is the first in what likely will be a lengthy court process. The defendant does not enter a plea at this stage.
One of Alissa’s attorneys, Kathryn Herold, said the defense team would need time to analyze Alissa’s mental health, although she did not offer specifics about any diagnoses or conditions the suspect may have.
“We cannot do anything until we can fully assess Mr. Alissa’s mental illness,” she said. “We cannot begin to assess the nature and depth of Mr. Alissa’s mental illness until we have the discovery from the government.”
Discovery is evidence collected by investigators and prosecutors in a case. Dougherty said Thursday that law enforcement continues to process the scene of the shooting.
Former classmates described Alissa to The Denver Post this week as violent, short-tempered and paranoid during high school. The suspect’s family told investigators that he had delusions and that they believed he had some type of mental illness, a law enforcement official told the Associated Press.
It’s unknown whether Alissa will enter a plea of not guilty by reason of insanity or whether his attorneys will pursue a formal mental health evaluation through the state hospital. Even if it’s determined Alissa has a mental illness, that does not automatically mean he is “criminally insane” under state law.
Several men suspected or convicted in recent Colorado mass shootings have used incompetency as a defense, often substantially lengthening court proceedings.
The Aurora theater shooter entered a plea of not guilty by reason of insanity in 2013, but jurors convicted him at trial in 2015 and found he was competent enough to know right from wrong.
A man charged with shooting and killing three people in 2015 in a Colorado Springs Planned Parenthood clinic was ruled legally incompetent by a judge. The case against him in the 4th Judicial District has been on hold since the judge’s ruling in 2016 while the suspect receives mental health treatment at the state hospital.
Mulvahill set the next hearing — a status conference — for 60 to 90 days in the future. At a status conference, prosecutors and defense attorneys discuss a timeline for future hearings and sometimes address any motions made by attorneys.
Boulder police allege Alissa opened fire in the parking lot and inside the King Soopers in Boulder on Monday afternoon, killing shoppers, store employees and a responding police officer.
For days, Coloradans have traveled to the King Soopers to pay their respects to the victims:
• Denny Stong, 20.
• Neven Stanisic, 23.
• Rikki Olds, 25.
• Tralona Bartkowiak, 49.
• Teri Leiker, 51.
• Officer Eric Talley, 51.
• Suzanne Fountain, 59.
• Kevin Mahoney, 61.
• Lynn Murray, 62.
• Jody Waters, 65.
Boulder police used Officer Talley’s handcuffs while formally booking Alissa into the jail after the suspected shooter was released from the hospital Tuesday.
“Though this was a small gesture, we hope it is the start of the healing process that so many of us need at this time,” the Boulder Police Department said in a tweet.