The alleged Planned Parenthood shooter never stood trial, yet never had his case dismissed.
Robert Dear, who faced more than two hundred state and federal charges related to the 2015 shooting in Colorado Springs that killed three and wounded several others, was found incompetent to stand trial as recently as September of this year.
Every time his competency was brought into question, he was evaluated and found that he was not fit and would not be fit to face his charges for the foreseeable future.
Dear 67, died Saturday at a facility in Missouri with those charges still pending. His story amplifies challenges in Colorado society regarding mental health, crime and incarceration.
“It is truly tragic that this story has no happy ending for anyone,” said David Lane, a Denver-based criminal defense and civil rights attorney who has followed the case for nearly a decade. “We have spent 10 years wondering, can he be restored to competency?”
Scripps News Investigates has spent the past year covering the complexities of competency law in Colorado.
Last year, state law changed to require judges to dismiss charges against defendants found incompetent and not restorable. Prior to the change, judges had more discretion.
Colorado Springs Area
Robert Dear, accused in Colorado Springs Planned Parenthood mass shooting, dies
In Dear’s case, one reason his charges were never dropped is that in addition to state charges, Dear also faced federal charges related to the shooting. Colorado law would not apply to those charges.
“I guess society can take some solace in the notion that after this hideous crime, we have been safe from him. He hasn't been released into society or on the streets,” Lane said.
Lane added that even if Dear was somehow restored to competency and faced a jury trial, or if the court dismissed the charges, he believes Dear was never going to be released.
“Somebody who does what Mr. Dear did, that guy would not be back on the streets under anybody's statute,” Lane said.
Lane said the challenge going forward will to be find money to increase capacity at the state’s mental health hospital.
