COLORADO SPRINGS, Colo. — Prosecutors have formally charged the man accused of opening fire Monday at a Boulder King Soopers with 10 counts of first-degree murder and one count of attempted murder.
They said Thursday morning they eventually plan to file more charges. Defense attorneys indicated they are evaluating the suspect's mental health.
Ahmad Al Aliwi Alissa, 21, has been in custody since Monday and made his first court appearance Thursday.
He is being held on suspicion of the shooting attack at the King Soopers. Authorities have not commented on a possible motive.
According to court documents, Alissa faces 10 counts of first-degree murder and one count of attempted murder. The charges filed Wednesday say Alissa faces the latter charge for attempting to kill officer Richard Steidell.
Defense attorneys did not give specific details of Alissa's mental illness they referenced in Thursday's hearing, but said they will need to go through prosecutors' evidence to assess its "needs and depth."
As of Thursday, Alissa's defense attorneys have not officially raised the issue of competency.
However, if the judge orders a competency review, the case will be put on hold while the defendant is evaluated by state mental health experts.
The reviews usually occur at the Colorado State Mental Health Institute at Pueblo, but can also take place in a jail where the defendant is being held.
If state experts conclude Alissa is mentally competent for prosecution — meaning he has a rational understanding of the charges and can assist in his defense — his attorneys would be entitled to a second evaluation by an expert of their choosing.
The judge ultimately weighs the evaluations and will make the final decision about whether Alissa is mentally fit.
In the case of Leticia Stauch, the El Paso County woman charged with first-degree murder in the January 2020 slaying of her 11-year-old stepson, Gannon, a competency issue took nearly eight months to resolve before a judge deemed her mentally fit for trial.
Defendants deemed incompetent can be held indefinitely under first-degree murder charges while they seek treatment meant to restore their competency.
Competency relates to the defendant’s current mental state. It is a different issue from sanity, someone’s ability to judge right from wrong at the time of a crime.
Alissa's defense attorneys said he is willing to waive his right to a preliminary hearing within 35 days.
They requested a pretrial status hearing in about three months and said Alissa understands he will continue being held without bond in the meantime.
Judge Thomas Mulvahill agreed to grant a status hearing in 60 to 90 days before scheduling a preliminary hearing or a proof evident presumption great hearing.
For a judge to deny a defendant bail, prosecutors have to show the proof is evident or the presumption is great that the defendant committed the crime.
The next status hearing hasn't been scheduled. Judge Ingrid Bakke will preside over the case.
The victims ranged in age from 20 to 65, according to information released by authorities. Alissa allegedly opened fire shortly after 2:30 p.m. Monday. By 3:30 p.m., police took him into custody.
By that point, Alissa had removed clothing and a tactical vest he wore, and was dressed only in shorts, according to the arrest affidavit.
He suffered a gunshot wound to his upper right thigh.
The affidavit states he did not appear to police to be under the influence of alcohol or drugs.
Alissa bought a Ruger AR-556 pistol on March 16, six days before the shooting, according to investigators.
(Gazette reporter Lance Benzel contributed to this report. )
