A judge dropped all charges against a 96-year-old man accused of fatally shooting a maintenance worker at a Boulder County assisted living facility in February 2021.

Okey Payne was charged with first-degree murder in the shooting death of Ricardo Medina-Rojas, 40. A judge dismissed the charge after doctors said Payne won’t be competent to stand trial any time soon.

Payne claimed that Medina-Rojas stole $200 from his wallet. Payne told police that he waited in the lobby at Legacy at Lafayette on the morning of Feb. 3, 2021, for Medina-Rojas to arrive for his shift and shot him with a .45-caliber gun.

Officers who interviewed Payne described him as clear-headed and lucid. He said employees at the assisted living home were trying to kill and drug him after he said he woke up with needle marks in his big toe. He also said he believed that his ex-wife was working with employees to steal his money, according to the affidavit.

In August, doctors said he was incompetent to stand trial and that he was undergoing treatment to restore his competency while in custody. Competency to stand trial means a defendant has a rational understanding of the charges against them and can participate in their own defense.

Doctors changed their opinion in January, saying they saw no reason to believe he will be restored to competency soon. Doctors said he had paranoid delusions and ideations as early as 2018 and that his paranoia led him to refuse tests and treatments.

Also considering his age, doctors said he likely wouldn’t respond to medications and is showing signs of dementia.

Prosecutors did not contest the findings that Payne would not be competent to stand trial and didn’t challenge the defense’s motion to dismiss the charges.

“The defendant belongs in the secured facility at the State Hospital for the rest of his natural life,” Boulder County District Attorney Michael Dougherty said in a statement. “The Lafayette Police Department did an excellent job with the investigation into this incredibly tragic case. Okey Payne committed a brutal and unjustified murder of an innocent victim who was a loving father and husband.

“Sadly, the victim’s family had believed this would be the outcome. They are striving to cherish the memories of Mr. Medina-Rojas.”