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The Colorado Department of Human Services (“CDHS”) provided the Court and the parties a competency re-evaluation report for the King Soopers defendant. CDHS has determined that the defendant does not currently have a mental disability or developmental disability that prevents him from having sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding in order to assist in his defense or prevents him from having a rational and factual understanding of the criminal proceedings. Thus, CDHS determined that Defendant is now competent to proceed in this case. The defendant has been deemed as restored to competency.
Upon receiving the report, the District Attorney’s Office immediately notified all the victims and families. The District Attorney’s Office has filed a motion with the Court, asking that the Court make the judicial finding that he is competent and take action to schedule a preliminary hearing as soon as practicable.
DA Dougherty stated, “Our office will continue fighting for justice in this case.” Our office will not have any additional statements until the next court date.
As in every criminal case, the charges are merely an accusation and the defendant is presumed innocent unless or until proven guilty.