Boulder DA files motion seeking further evaluation of accused King Soopers shooter

Mitchell Byars, Daily Camera, Boulder, Colo.
·4 min read

Feb. 7—The Boulder County District Attorney's Office has filed a motion seeking a neuropsychological exam of the accused King Soopers shooter, a step prosecutors discussed at the last hearing in the case after the defendant was once again deemed unfit to stand trial.

Ahmad Al Aliwi Alissa, 23, is charged with 10 counts of first-degree murder, 47 counts of attempted first-degree murder, one count of first-degree assault, 10 counts of felony possession of a prohibited large capacity magazine, and 47 crime of violence sentence enhancers.

Alissa was declared incompetent to proceed in December 2021, and has been undergoing treatment ever since at the Colorado Mental Health Institute in Pueblo. At a hearing on Jan. 27, doctors again said Alissa was not competent to proceed but maintained he could be restored with further treatment.

But at that hearing, Boulder County District Attorney Michael Dougherty said he had asked the state hospital about conducting a forensic neuropsychological assessment of Alissa.

Dougherty said the state hospital did not object, but defense attorneys did, prompting Boulder Chief Judge Ingrid Bakke to ask prosecutors to file a motion so defense could read it and respond.

The motion, filed on Feb. 2 by prosecutors, asks for the examination due to concerns that the symptoms doctors cited as evidence Alissa was not competent to assist in his own defense were not due to a mental illness but to an unwillingness to participate in the court and treatment process.

The motion notes that the initial finding of incompetence cited "symptoms associated with a mental health disorder" and that the state hospital "opined that these symptoms prevent defendant from being able to communicate ... with his attorneys at a level sufficient to understand the criminal proceedings in this case and assist in his defense with a reasonable degree of rational understanding."

But in the motion, prosecutors raise the possibility that Alissa's "lack of communication and participation in the restoration process could be volitional." Prosecutors say Alissa has refused to attend group sessions and has failed to fully comply with the restoration process or discuss his case.

"Yet, CMHIP has not conducted any standardized, formal testing of defendant to determine if defendant is unable to communicate about his case and comply with the restoration process because of a mental health disorder or because he is making a choice to remain noncompliant and not fully engaged," the motion read.

Prosecutors said the state hospital did not object to the exam but no longer has a board certified neuropsychologist on staff, leading the District Attorney's Office to propose an outside party conduct the exam.

"To be clear, the People intend for this process to be transparent and well-considered," the motion read. "The People will provide defendant and CMHIP information regarding the credentials of any board-certified forensic neuropsychologist selected by the People prior to that doctor scheduling an assessment of defendant. Any such assessment of defendant will be video and audio recorded and all materials relied on, created and used during the assessment will be preserved and provided to the evaluators and the parties.

"So long as CMHIP determines that this process and procedure is acceptable, CMHIP should be able to proceed forward with coordinating specifics to allow the forensic neuropsychological assessment of defendant without further delay."

Defense attorneys were given until Feb. 17 to file a response to the motion.

According to an arrest affidavit, police were called to the King Soopers at 3600 Table Mesa Drive at 2:40 p.m. March 22, 2021, for a report of an armed man who had shot a person in a vehicle in the store's parking lot and was inside the store.

Eric Talley, a 51-year-old Boulder police officer, was the first to arrive on scene and was shot and killed. Police said Alissa fired at other responding officers before one of the responding officers shot Alissa in the leg.

Alissa later surrendered to police. Police found weapons and tactical body armor at the scene, according to the affidavit.

In addition to Talley, Denny Stong, 20; Neven Stanisic, 23; Rikki Olds, 25; Tralona Bartkowiak, 49; Teri Leiker, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; and Jody Waters, 65, were killed in the shooting.