ARAPAHOE COUNTY, Colo. — A state lawmaker, elected officials and community members called for legislative action on Wednesday, stating that a state law requiring courts to drop charges against individuals found to be incompetent needs to be revised.
This comes after news that a suspect accused of attempting to kidnap children at an Aurora elementary school last year will have the case dropped sparked outrage and received national attention.
“When we're looking at this law, it needs to be reconsidered,” said Susan Payne, founder and former executive director of Safe2Tell.
Solomon Galligan, 34, was arrested after surveillance video captured the suspect lunging at a child playing outside at Black Forest Hills Elementary School on April 19, 2024. Galligan was charged with kidnapping and child abuse.
A motion to dismiss Galligan’s case was filed by defense attorneys on Monday, stating that Galligan has had 23 competency hearings within the past 18 years.
The prosecution has until July 28 to respond, after which a judge will determine the next steps.
Charles Morales was at the rally on Wednesday and said he saw Galligan acting erratically shortly before the attempted kidnapping.
“I kick myself to this day. I shouldn't have been so passive. But nevertheless, that's where we are. That's why I'm here today. I'm going to join this group. I'm going to spread the news in our neighborhood," Morales said. "And do what I can to help get the legislature to change direction.”
This case is not the first time Galligan has been found incompetent and not restorable in court. The suspect had two cases dismissed in Denver in October 2023, after spending more than 1,300 days in custody.
A Denver District Court judge found that Galligan was not likely to be restored to competency within a reasonable amount of time, according to court records.
The motion filed Monday referred to Galligan as a transgender female.
In this case, a recent evaluation done on June 16 noted that Galligan’s condition “has only further declined” and “is not expected to improve.”
According to the document, Galligan was placed under a short-term civil commitment on July 9, meaning that if the case is dismissed, Galligan would not be released from the Colorado Mental Health Hospital at Fort Logan, but instead transferred to a civil unit.
Denver7 Investigates has extensively covered competency issues in Colorado since a 2024 bill changed state law to read that if a defendant was found incompetent and not restorable, a judge “shall” dismiss the case. Previously, the law said that a judge “may” dismiss the case.
