Boulder prosecutors have asked a judge to order a forensic neuropsychological exam of the man accused of killing 10 people at a King Soopers in 2021.

They want to determine whether his lack of participation in treatment to restore his fitness to stand trial is by choice not to comply or a manifestation of a mental health disorder, according to a recent motion.

Ahmad Alissa, charged for King Soopers attack, remains incompetent to stand trial

During mental health treatment, the accused shooter has declined to attend group sessions, repeatedly refused to discuss the crimes he is accused of and declined individual sessions, according to prosecutors’ motion. It says the Colorado Mental Health Institute at Pueblo has not done standardized testing to determine if the 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.”

Ahmad Alissa, now 23, is accused of killing 10 people on March 22, 2021 when he opened fire on shoppers and employees in the King Soopers on Table Mesa Drive. He faces 115 charges and sentence enhancers, including 10 charges of first-degree murder, dozens of charges of attempted murder and several counts related to possessing banned high-capacity magazines.

The people killed were: Denny Stong, 20; Neven Stanisic, 23; Rikki Olds, 25; Teri Leiker, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; Jody Waters, 65; Tralona Bartkowiak, 49; and, Boulder Police Officer Eric Talley, 51.

To be considered fit for trial, a defendant must have a rational understanding of the case against them and the ability to participate in their own defense. Alissa has undergone mental health treatment intended to restore his competence after evaluations found him unfit in December 2021. Doctors believe Alissa can eventually be restored to competence.

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Judge Ingrid Bakke has set periodic hearings to review the status of his competence. The next hearing is scheduled for April 28.

A forensic neuropsychological exam would assess factors such as intellectual function, attention and concentration, speech, perception, learning and memory, according to the motion filed this month. 

“These exams are the best way to determine whether symptoms are consistent with what they purport to be,” according to the motion. 

Prosecutors indicated at a hearing in January that Alissa has shown symptoms of schizophrenia, the Associated Press reported, but otherwise attorneys have not publicly elaborated on his purported mental illness.

History of mass shootings in Colorado