DENVER — Charges against a Denver man suspected of murdering his neighbor more than six years ago will likely be dropped in the coming days after he was repeatedly found incompetent to stand trial.
On Wednesday, loved ones of the man shot and killed in the case gathered in court for what is expected to be the final hearing before Alberto Calcurian, 47, is cleared of his charges. Calcurian allegedly shot 59-year-old Mark Berman multiple times in front of his home in October 2019.
Calcurian, who lived down the street from Berman, called 911 to report that "he had just shot a man in self-defense" and that the gun he used was on his living room floor, unloaded, according to arrest documents. He was eventually charged with first-degree murder.
But what the victim's family thought was an open-and-shut case will not likely end in a conviction.
Under Colorado law, if a defendant is found mentally incompetent to aid in their own defense and is not likely to be restored to competency in the foreseeable future, a judge must dismiss the case.
Denver7 Investigates has extensively covered cases that have been dismissed after state statute changed in the summer of 2024:
- 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
- Charges dropped against suspect in multiple Aurora gas station robberies due to Colorado's competency law
- Man arrested after allegedly taking a gun to UNC campus – weeks after release from jail for competency issues
- Weld County sheriff says he was forced to release 'dangerous' man due to state's competency laws
- Change to Colorado mental health law sparks issues with 2022 stabbing case in Lakewood
- Mental health competency in Colorado: Arapahoe Co. DA speaks with Denver7 after blowback over dropped charges
- Victims impacted by Colorado competency law encouraged after meeting with Gov. Polis
In court, a defense attorney revealed Calcurian has been evaluated by doctors 19 times since 2020 and was found incompetent each time.
Court documents state that Calcurian was diagnosed with a "delusional disorder" in 2018. In court, the defense noted that Calcurian meets the criteria for a short-term, involuntary mental health hold that could temporarily keep him in state-mandated mental health treatment, but it is not guaranteed yet that he will not be released back into the public.
During the hearing, the prosecutor with the Denver District Attorney's office agreed that Colorado's law ties the judge's hands in this case, but stated, "We don't think that ought to be the law."
The case is still considered open until Denver District Court Judge Nikea T. Bland files the official written order of dismissal, which she noted should be ready within the next week.
