The man accused of killing 10 people in a mass shooting at a King Soopers last year remains incompetent to proceed, but doctors believe there is a chance he could be restored “within the reasonable future.”
Ahmad Al Aliwi Alissa, 22, 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’s attorneys brought up concerns about his competence and Boulder Chief Judge Ingrid Bakke formally declared Alissa incompetent to proceed following evaluations from four doctors who all found he was not capable of assisting in his own defense.
As a result, Bakke issued a mental health stay on the case and ordered Alissa to undergo restoration efforts at the state hospital in Pueblo.
Alissa was set for a review hearing Tuesday, but the hearing was canceled by Bakke after the state hospital indicated Alissa was still not competent to proceed.
However, Bakke in her order canceling Tuesday’s hearing indicated doctors said ” there is a substantial probability that (Alissa) will likely be restored to competency within the reasonable future and may be restored to competency and remain competent with the use of medications.”
As a result, Bakke and the attorneys agreed to set a new review hearing for April 15, at which time the state hospital will be asked to file a new progress report.
Bakke and the attorneys have had prior issues with the state hospital issuing progress reports, but the state complied and submitted a report after Bakke issued a citation.
If Alissa is still incompetent to proceed, a new review hearing will be set within 91 days. If he is restored to competency, Alissa still needs to go through a proof-evident presumption great hearing to determine if he can be held without bond and if there is probable cause for the case against him to proceed.
According to an arrest affidavit, police were called to the King Soopers at 3600 Table Mesa Drive at 2:40 p.m. March 22 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.
King Soopers announced Tuesday that the Table Mesa location will be closed March 22, exactly a year after the shooting.
