Trial set to begin for Boulder mass shooting suspect next week

More than three years since 10 people were gunned down at the King Soopers on Table Mesa Drive in Boulder, the suspect will finally stand trial Monday.

The case surrounding 25-year-old Ahmad Alissa — who faces 10 counts of first-degree murder after deliberation following the mass shooting on March 22, 2021 — will officially begin with jury selection at the Boulder County Justice Center after years of legal wrangling about his mental capacity.

Prospective jurors will come into the court next week to fill out questionnaires, which will then be turned over to defense attorneys and prosecutors. Then on Sept. 3, the attorneys will begin the process of questioning prospective jurors in person.

Twentieth Judicial District Judge Ingrid Bakke will oversee the trial, with opening statements expected as early as Sept. 5. Bakke has denied all requests for expanded media coverage, and refused to set aside seats for the media, but will allow WebEx video stream of the high-profile trial.

The trial is estimated to last around three weeks, according to a spokesperson from the 20th Judicial District Attorney's Office.

Timeline of events

The rial comes three years and six months after the mass shooting led to the death of Denny Stong, 20; Neven Stanisic, 23; Rikki Olds, 25; Tralona Bartkowiak, 49; Teri Leiker, 51; Boulder Police Ofc. Eric Talley, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; and Jody Waters, 65.

Alissa was officially charged with the aforementioned 10 counts of first-degree murder, 47 counts of attempted first-degree murder and six counts of possession of a large-capacity magazine during the commission of a felony, among other charges and sentence enhancers.

The criminal case stalled for years, as Alissa's mental health remained a question.

It was raised as an issue by his lawyers right after the shooting. The issue of whether he was mentally competent to stand trial — meaning he is able to understand court proceedings and help his lawyers in his defense — put proceedings on hold for the last two years.

The case was placed on hold in December 2021, when a judge ruled he was not competent based on evaluations from doctors at the Colorado Mental Health Institute at Pueblo.

Following treatment and rehabilitation with medication, Alissa was ruled competent to stand trial by Bakke on Oct. 6, 2023.

Prosecutors said the Colorado Department of Human Services (CDHS) determined the suspect was competent to proceed in the case in August 2023.

"According to CDHS, it is because of 'consistent medication compliance' and the recent addition of a new drug that Defendant is now competent," the District Attorney's Office wrote in a court filing.

Alissa then entered a not guilty by reason of insanity plea in November, though his attorneys have acknowledged that he was the shooter who killed the people in the store.

In May, Bakke granted the defense's request for Alissa's sanity at the time of the shooting to be evaluated a second time by their own expert, but ultimately rejected the proposal to delay the trial until March 2025 to give his lawyers time for that process.

The trial was, instead, delayed for one month, pushing it to the September date in which it now stands.

The defense also attempted to move the trial from Boulder due to a belief that a fair trial cannot take place because of "the massive, pervasive and prejudicial publicity" the case generated and any jury selected in the county would be prejudiced as a result.

Bakke eventually denied the motion, keeping the trial in Boulder.

On July 8, the defense filed a motion to suppress body camera footage from the Boulder Police Department officers who arrested and later attempted to talk to Alissa in the hospital. That was because, they alleged, the officers not reading Alissa his Miranda rights.

Bakke denied the motion Thursday, stating that the lack of Miranda rights fell under the Public Safety Exception doctrine that allows law enforcement to question suspects without first reading their Miranda rights if public safety is at significant risk.

The court found that Alissa was "essentially in custody from the moment that he surrenders to the police officers inside of King Soopers. When Defendant approaches the armed officers to surrender, he is immediately given orders and is handcuffed before being escorted outside. It is clear the Defendant was not free to leave and that his freedom of movement was restrained to the degree that a reasonable person would understand that they were under arrest," Bakke said in the response.

It's unclear if the ruling allows jurors to see the body camera footage, which includes Alissa answering questions about the shooting, or whether a transcript of the recording will be used. It could be key evidence for prosecutors to help identify for jurors Alissa's mental health status at the time of the shooting.

What's next?

During the upcoming trial, prosecutors will need to prove to jurors not only that he committed the crimes, but that he was not insane when he did. They will need to prove that he knew the difference between right and wrong and did not have a mental illness that hindered his decision making. To prove a charge of first-degree murder, prosecutors will have to prove he pre-meditating the shooting and planned it.

If Alissa is found guilty of any of the murder charges, he will be sentenced to life in prison without the possibility of parole.

If, on the other hand, he is found not guilty by reason of insanity, he could be committed to a mental institution — where he would be treated until he was deemed no longer a danger to himself or others.

District Attorney Michael Dougherty and Assistant District Attorney Ken Kupfner will be the main prosecutors in the case.

The Denver Gazette will cover the entire trial daily.