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Accused Boulder King Soopers shooter shows mental health treatment progress, court filings show

State doctors have administered 'involuntary' medication to Ahmad Alissa

Colorado’s state mental health hospital has forcibly given the man suspected of killing 10 people in Boulder’s King Soopers massacre two years ago antipsychotic medications, and his treatment to restore his mental fitness for trial appears to have progressed as a result, a new court filing indicates.

The revelation comes after prosecutors questioned for months whether the suspect has purposely refused to participate in treatment.

State doctors conducted four neuropsychological exams on him since April, according to a May 16 filing, which came after a battle between prosecutors and the suspect’s defense attorneys over whether such an exam would actually help parse his mental fitness for trial. A two-and-a-half day hearing on the accused shooter’s mental competence originally set to start Tuesday this week has been tentatively rescheduled for late August based on new information from his evaluations and treatment.

“The most recent reports from (Colorado Mental Health Institute of Pueblo) indicate CMHIP has utilized injections to administer Defendant’s antipsychotic medication and confirmed the levels of that medication through blood work. … A review of the records pertaining to the treatment sessions indicates a level of engagement by defendant previously unseen,” prosecutors wrote in last week’s motion to reschedule the hearing. The suspect began “involuntary” medication and individual restoration therapy in March, and has attended every session offered.

Ahmad Alissa, now 24, is accused of killing 10 people on March 22, 2021, in the King Soopers on Table Mesa Drive on Boulder’s south side. He faces 115 charges and sentence enhancers, including 10 charges of first-degree murder, 47 counts of attempted murder, one count of first-degree assault, 10 counts related to possessing banned high-capacity magazines and 47 sentence enhancers.

Judge Ingrid Bakke declared Alissa mentally unfit for trial in 2021 based on the opinions of several experts. To be considered competent for trial, an accused person 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 from experts at the Colorado Mental Health Institute at Pueblo intended to restore his competence since the evaluations.

Revelations in last week’s filing about his mental health treatment mark a seeming about-face to indications by prosecutors his progress had stagnated. Prosecutors, led by Boulder County District Attorney Michael Dougherty, have suggested in past court documents they doubt the alleged shooter’s refusal participate in mental health treatment intended to restore his competence to face trial is a manifestation of his mental illness.

They asked Bakke for a neuropsychological evaluation early in February, citing a need to determine whether the accused shooter has actively chosen not to participate in treatment. He has been diagnosed with schizophrenia, antisocial personality disorder and depressive disorder, court filings have revealed.

The prosecutors previously wrote in their request for a competence hearing that negative symptoms of schizophrenia are also associated with depression and other antisocial disorders. They pointed to factors such as his refusals of meals and medication and to meet with a behavioral health nurse one-on-one as evidence that he has consciously chosen not to participate in treatment.

Alissa’s defense attorneys originally objected to prosecutors’ request for a hearing on his competence, calling it an “attempt to relitigate its dissatisfaction with CMHIP’s restoration efforts.” They wrote prosecutors haven’t made any claims Alissa is actually competent, and believe prosecutors have not shown what evidence they have that he is competent.

Bakke granted the request for a hearing over the objections of his defense attorneys. A new hearing date has not yet been confirmed, but Bakke asked the two sides to choose dates during the week of Aug. 21 or 28, she wrote in an order last Wednesday.

FILE PHOTO: Ahmad Al Aliwi Alissa, 21, appears before Boulder District Court Judge Thomas Mulvahill at the Boulder County Justice Center in Boulder, Colorado on March 25, 2021. (Photo by Helen H. Richardson/The Denver Post, Pool) (Helen H. Richardson/The Denver Post/Pool)
FILE PHOTO: Ahmad Al Aliwi Alissa, 21, appears before Boulder District Court Judge Thomas Mulvahill at the Boulder County Justice Center in Boulder, Colorado on March 25, 2021. (Photo by Helen H. Richardson/The Denver Post, Pool) (Helen H. Richardson/The Denver Post/Pool)


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