6 MARCH 23-29, 2023 westword.com WESTWORD | MUSIC | CAFE | CULTURE | NIGHT+DAY | NEWS | LETTERS | CONTENTS | License to Chill THE WHEELS OF JUSTICE TURN SLOWLY IN COLORADO’S MASS TRAGEDIES. BY CATIE C HESHIRE It’s been two years since a gunman killed ten people at the King Soopers on Table Mesa Drive in Boulder on March 22, 2021, and the state still hasn’t put him on trial. Two years of grieving...of no justice. This has become a never-ending norm for mass shooters in Colorado over the past decade, with victims having to heal slowly and turn to other means for legal account- ability. In the case of the mass tragedy in Boulder, the accused hasn’t yet been found competent to stand trial. “Boulder is kind of different, because [the defendant’s] experts are coming back and saying not only did he not understand his actions, but he is still at a point where he can’t even understand what’s going on in the pro- ceedings, so they haven’t even set a trial date, which makes it diffi cult for the victims,” says Phil Harding, a Denver-based civil attorney who is coordinating a recently fi led lawsuit against Sturm, Ruger & Co., the manufacturer of the gun used in the 2021 massacre. “The victims, number one, have no clo- sure,” Harding adds. “And number two, if they bring any civil suits, they’d like to get informa- tion that the DA has worked on to help them with the civil suit to fi nd possible defendants.” As those who were impacted by the King Soopers tragedy work to heal, they’ve often had to navigate diffi cult fi nancial situations while grappling with the struggle for legal account- ability. If the Boulder case does go to trial, there will be even more challenges ahead, as court appearances can be traumatizing for survivors and family members of those who were killed. While many mass murderers often die at the end of their attacks, either by their own hand or that of the authorities, there have been several recent instances where the suspects have lived and the victims’ families are forced to endure years of legal setbacks. Here’s the status of court proceedings con- nected to fi ve of Colorado’s mass tragedies: Club Q The 22-year-old Club Q shooting suspect, who opened fi re at the LGBTQ+ nightclub in Colorado Springs late on November 19, kill- ing fi ve people, faces more than 300 counts of fi rst-degree murder, attempted murder and bias-motivated crimes or hate crimes. But the accused shooter hasn’t even been arraigned yet. Anderson Lee Aldrich, who is being held without bond, will stay in the El Paso County Jail for months before he learns if he will ever stand trial for the shooting rampage. His arraignment isn’t scheduled until May 30, at which point the defense will have the opportunity to enter a mental health defense after an evaluation by a psychologist. District Attorney Michael Allen, who is in charge of the Fourth Judicial District, where the case is being pros- ecuted, says he hopes a trial will happen this year, but it’s likely that the timeline could extend to 2024. At the accused shooter’s February 22 pre- liminary hearing, defense attorney Joseph Archambault presented evidence of mental health problems his client may have, includ- ing photos of prescriptions in his name used to treat schizophrenia, bipolar disorder and anxiety. Archambault also argued that there wasn’t enough proof that bias motivated the shooting rampage. The Anti-Defamation League included the Club Q shooting in its “Murder and Ex- tremism in the United States in 2022” report, owing to growing signs that Aldrich was connected with the accelerationist white supremacy movement. “Accelerationism,” which has grown popular in recent years, is based on the idea that it isn’t possible to sway the government to buy into white supremacy, and the best course of action is to destroy the existing society so that a new one can be built. Mark Pitcavage, senior research fellow for the ADL’s Center for Extremism, notes that white supremacists consider the LGBTQ+ community an enemy, and its members have become a frequent target. At the end of Aldrich’s preliminary hear- ing, Judge Michael McHenry ruled that the prosecution had provided enough evidence for all the charges to proceed. Another hear- ing is scheduled to take place on March 31, to determine if security footage from the night of the shooting should be released to the public. King Soopers In February, the Boulder County District Attorney’s Offi ce fi led a motion seeking a neuropsychological exam of accused King Soopers shooter Ahmad Al Aliwi Alissa, who faces multiple charges of fi rst-degree mur- der, attempted fi rst-degree murder, assault, possessing banned large-capacity maga- zines and more than 45 crime-of-violence sentence enhancers. The enhancers would increase the sentencing range for the crimes, making minimums and maximums higher. The accused shooter, however, was deemed incompetent to stand trial in December 2021. Michael Dougherty, Boulder’s district at- torney, wanted another examination done — this time by a prosecution-selected forensic neuropsychologist — to be sure the accused is truly incompetent. On March 14, however, a judge ruled that such an evaluation would be considered treatment and so can’t be ordered by anyone outside of Alissa’s medical team. Unless and until he is deemed competent, Alissa will continue to be treated for his symp- toms at a psychiatric institute. He is currently at the Colorado Mental Health Hospital in Pueblo. STEM School The STEM School Highlands Ranch killer, Devon Erickson, offers another example of Colorado’s tendency to drag its legal feet when it comes to mass shooters. While eighteen- year-old Kendrick Castillo was the only person who died during Erickson and Alec McKin- ney’s May 2019 attack — which left eight others injured — the entire community was deeply impacted by what happened. It wound up taking nearly a year to arraign Erickson on murder and attempted-murder charges, and then another two years to convict and sentence him. Parkland shooter Nikolas Cruz, meanwhile, was arraigned just one month af- ter his massacre in Florida, according to CNN. “This crime occurred 240 days ago,” said 18th Judicial District Attorney George Brauchler during Erickson’s January 2020 arraignment, in which his defense tried delaying things even further with mental exams and incompetency claims. “It’s time to move forward with getting this case set.” It wasn’t until June 2021 that Erickson’s trial came to a close and he was convicted of fi rst-degree murder, attempted fi rst-degree murder, conspiracy to commit fi rst-degree murder and supplying a juvenile with a hand- gun. He was sentenced to life in prison without parole in September 2021. McKinney, who was sixteen at the time of the shooting spree, pleaded guilty to fi rst- degree murder in February 2020 and was hit with a life sentence plus 38 years. While Erickson is expected to spend the rest of his days behind bars, McKinney — who claimed to be a victim of bullying — will be eligible for parole after forty years, since he was still a minor when the shooting occurred. Planned Parenthood One of the most infamous examples of Colorado courts moving at a snail’s pace is the case of Robert Dear, who’s accused of killing three and wounding eight others at the Colorado Springs Planned Par- enthood in November 2015 — and still hasn’t been put on trial. Dear reportedly targeted the clinic because of his anti- abortion sentiments. “He was a single-issue extremist,” says the ADL’s Pitcavage. “Since the mid-1990s, anti-abortion extremists will occasionally attempt to mur- der physicians who provide abortions, or staff at clinics, or security guards, or volun- teers helping at such clinics.” A delusional disorder diagnosis is re- portedly preventing state prosecutors from moving forward with Dear’s case. Last year, at a U.S. District Court hearing in Denver, Judge Robert Blackburn determined that Dear could be forcibly medicated for his de- lusional disorder in an attempt to make him competent for trial. But the defense appealed that decision, putting off action yet again. Dear also faces federal weapons charges as well as charges for using violence to pre- vent others from receiving reproductive health care services. He is still receiving psychiatric treatment, and unless he is even- tually determined to be competent, that could be the situation for the rest of his life. “Sometimes that’s the case, where some- one has never been able to be returned to com- petency and thus stand trial for their crimes,” Pitcavage says. “Even after an extended period of time, they can fi nally be restored to com- petency, but it’s never a sure thing.” Aurora Theater In July 2012, a gunman murdered twelve people and wounded more than sixty others inside a movie theater in Aurora. It wasn’t until three years later — in August 2015 — that James Holmes was formally sentenced by state prosecutors after a jury determined that he would not be put to death. Instead, Holmes received a life sentence for each person killed and additional time for the attempted mur- ders of those who survived, as well as an explosives charge. It wound up being one of the longest sentences in Colorado history. The public defenders representing Holmes had attempted an insanity defense; however, jurors dismissed that idea. He is still in prison today, locked away at the United States Penitentiary, Allenwood, in Pennsylva- nia, according to the Washington Post. “The wheels of justice, they slowly turn,” Harding concludes. Email [email protected]. NEWS KEEP UP ON DENVER NEWS AT WESTWORD.COM/NEWS A memorial appeared quickly outside of the Table Mesa King Soopers. MICHAEL ROBERTS
