Updates from the King Soopers mass shooting trial, week 1

Reporting on this will be updated continuously and will continue throughout the process, which began on August 26, 2024.

Time has passed, but grief and anger remain. Justice has yet to be served for the 10 families who lost loved ones in the King Soopers shooting on March 22, 2021 – one of the most shocking and tragic days in Boulder.

After three years of motions and delays due to psychiatric evaluations, shooter Ahmad Al Aliwi Alissa was finally declared “sane” last October. In April, Colorado Department of Human Services examiners confirmed he remained stable and competent to stand trial. Jury selection in the trial began today, Monday, August 26. People of the State of Colorado v. Ahmad Al Aliwi Alissain Boulder County District Court.

On Monday morning, people could be heard screaming in the courtroom, asking where Alissa was after the first closed-door hearing began. While all cases in a courthouse are challenging, the high profile of this case ensures that the Boulder community and others across the country seeking closure will be watching and reliving that gruesome day in March 2021.

There is no doubt that Alissa was the only shooter in the rampage that killed 10 innocent people: Tralona Bartkowiak, 49; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; Rikki Olds, 25; Denny Stong, 20; Neven Stanisic, 23; Boulder police officer Eric Talley, 51; Teri Leiker, 51; and Jody Waters, 65. Alissa is charged with 10 counts of first-degree murder, as well as numerous other counts of attempted murder, assault and weapons offenses.

This trial does not address the typical questions of guilt and innocence, but rather the role of mental health in determining the guilt of a mentally unstable person.

Residents visit a memorial following the King Soopers shooting on March 22, 2021. Photo credit: John Herrick

Reason then, madness today?

Alissa does not deny that he committed the mass shooting. Instead, he has pleaded not guilty on the grounds of insanity. In such cases, the burden of proof is on the defense to prove that Alissa was insane on the day of the shooting.

Alissa has been held at the Colorado Mental Health Hospital in Pueblo since October 2021 after initially being declared incompetent to stand trial. The hospital has the authority to forcibly administer medication to him to treat his illness, which has been diagnosed as schizophrenia.

The question of whether Alissa was capable of understanding what was happening is a slow and ongoing process. However, according to a document from an April 2024 hearing, experts indicated that he was sane on the day of the mass shooting. This will be the central question for jurors to decide.

District Attorney Michael Dougherty filed a document in February 2023 requesting a forensic neuropsychological examination to determine if Alissa's symptoms are consistent with his diagnosis. The document states that CMHIP claims the defendant is mentally incompetent to stand trial due to a mental disorder that affects his ability to communicate with his attorneys and understand the court proceedings.

“The CMHIP has repeatedly asserted that the defendant is incompetent due to symptoms consistent with a mental disorder the defendant has, which was first diagnosed when the defendant's attorneys in this case raised his competency to stand trial. The CMHIP believes that these symptoms prevent the defendant from communicating with his attorneys at a level (i.e., decreased speech performance, decrease in self-initiated, goal-directed activities, etc.) sufficient to understand the criminal proceedings in this case and to assist his defense with a reasonable level of rational understanding.”

Although he is now stable enough to continue with the trial, doctors appear to be concerned that he may be losing his sanity. It is believed that he has been moved from the state hospital to the Boulder County Jail to be closer to the courthouse.

“CDHS describes his competency status as 'fragile' and strongly recommends that he receive ongoing psychiatric care and take prescribed medications to maintain his competency. The reevaluation report notes that it is the defendant's medication regimen and the stable therapeutic environment at CMHIP that have played 'a significant role in maintaining his competency.'”

Jury selection will take place this week, with opening statements scheduled for the week beginning Monday, September 2, after Labor Day. The trial is expected to last about a month.

Updates from the King Soopers mass shooting trial, week 1

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