DENVER — Three Republican members of Colorado's congressional delegation are calling on Governor Jared Polis to convene a second special session to address the state's competency law.
A letter to Polis signed by Representatives Gabe Evans, Lauren Boebert and Jeff Crank called for "immediate action" to address public safety, specifically a law passed last year that states defenda0nts found incompetent to stand trial and not restorable must have their charges dropped.
- Read the full letter below
The letter cited recent events in Colorado that they attribute to "soft-on-crime" policies, including an incident where a man was released from the Weld County jail after charges were dismissed due to his competency finding. The man was facing multiple charges, including attempted murder, stemming from multiple fights back in April.
Weld County Sheriff Steve Reams took to social media to warn the public about the "dangerous" man and criticize state lawmakers.
“I think the lawmakers probably thought, ‘Well, the people this bill is most going to impact are probably low-level offenders, you know, the person who is struggling with the mental health issues,'” Reams said. “But, you have to write laws based on the worst-case scenario, and the worst-case scenario is what we’re talking about right now.”
- Watch our story below
Following coverage of the case, Elon Musk took to X, calling the suspect's release "insane" and tagging Colorado's governor.
Polis responded to the post, saying, "Absolutely unacceptable. I’m calling on the county attorney and DA to use state law, including CRS Title 25 and Title 27, to ensure he’s not at large. This should have happened BEFORE release not after. Remove this threat now!"
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"This embarrassing episode is regrettably no longer unique for our citizens," the representatives wrote. "Over the past year, our state has unfortunately become a poster child for the havoc that soft-on-crime policies cause. Whether it’s the takeover of apartments by Tren De Aragua4 (now a designated Foreign Terrorist Organization) or the failure to prosecute convicted sex offender Solomon Galligan for kidnapping a child in broad daylight, Colorado has time and time again drawn nationwide ire for its public safety failures."
The three called for Polis to call back state lawmakers to the State Capitol for a special session in order to address this loophole.
In his own letter, Polis said the bill that amended Colorado's competency law had too much bipartisan support for him to veto. He said he is working with district attorneys, law enforcement, the Colorado Department of Human Services, and legislators to find "a policy solution" for the bill that has had "unintended consequences."
- Read the governor's letter below
Denver7 Investigates has spent nearly a year digging into the complexity of competency law in Colorado. During that time, several stories have risen to the surface, highlighting the widespread impact of a 2024 state law that mandated that judges must dismiss cases against suspects found incompetent and not restorable to stand trial. Before that change, the law said judges “may” dismiss the case, providing some flexibility.
Since that law passed, a man who was accused of stabbing a Lakewood doctor in his office had his charges dropped last year before being admitted to the state hospital. Another suspect charged in a drunk driving crash that killed two people walked out of court in Jefferson County after he was found incompetent to stand trial and not restorable, despite objections from prosecutors.
Earlier this year, a suspect charged with attempting to kidnap children at an Aurora elementary school had charges dropped after national media attention.
Read our previous coverage below:
- Change to Colorado mental health law sparks issues with 2022 stabbing case in Lakewood
- Complexity of Competency: How state doctor decided a man is unfit to stand trial after fatal crash
- JeffCo judge drops charges against man accused of killing two women in 2021 drunk driving crash
- Charges officially dropped against attempted kidnapping suspect after competency finding
- Mental health competency in Colorado: Arapahoe Co. DA speaks with Denver7 after blowback over dropped charges
Republican Rep. Jeff Hurd of Colorado's 3rd Congressional District did not join his colleagues in signing the letter.
