Crime victims and family members of victims whose assailants had their charges dropped due to Colorado’s competency law said they were encouraged that change is coming after meeting with Gov. Jared Polis on Monday.
“As a victim, that is all that you are constantly looking for is just somebody to tell me that you're going to fix this, somebody tell me that things are going to be OK,” Joseph Bowman said.
Bowman and his sister were badly injured in a December 2021 crash when their SUV was hit by a man suspected of driving under the influence. Their mother, Nelie, died months later from complications from her injuries. The passenger riding with the suspect was also killed.
After multiple delays, the suspect in that incident had their charges dropped after he was found incompetent and not restorable, meaning he was unlikely to be found fit to stand trial in the near future.
In 2024, Colorado law was changed to require judges to dismiss charges on suspects who are found incompetent and not restorable. Previously, judges had more discretion.
Dante White, whose son was on an Aurora elementary school playground when a suspect went on the property and was accused of attempting to kidnap children, was also at the meeting Monday.
White has been a vocal critic of the law since the suspect’s charges were dropped earlier this year. He said he was pleased with the meeting.
“His office did indicate that this is going to be a top priority come January if there is no special session beforehand. Because we don't want to rush it,” White said. “Today's meeting was refreshing to get that level of connection and commitment. It feels like there's real commitment now. We're moving forward with the proper action.”
Watch Denver7's interview with victims who have been impacted by the state's competency laws in the video below.
Critics of the law have highlighted that it passed without additional funding for mental health resources, allowing, in some cases, suspects to allegedly commit crimes without any recourse if they are not admitted to a mental health hospital.
Denver7 Investigates has spent more than a year highlighting the complexities of Colorado's competency laws, digging into multiple cases where the defendant was found incompetent and had their charges dropped. While some wound up in the state's mental health hospital, others were released back into the public.
In a statement, Polis said he is outraged that dangerous people could be out on the street hurting others and is demanding the legislature fix the competency law.
“Our conversation will help inform next steps to help address this issue. I remain committed to improving public safety for everyone in Colorado and have directed the relevant state agencies to take action to ensure that in the meantime, individuals who are a danger to themselves and others are not released into the community,” part of the statement read.
Bowman, who watched the suspect charged with multiple counts of vehicular homicide and driving under the influence walk free earlier this year, said he’s finally feeling like his voice is being heard.
“I am finally getting a sense of reassurance from these folks," he said. "And it is a healing thing. It makes you feel a little lighter, and it makes you feel like you can stop running around frantically trying to get anyone and everyone to listen to you, and you feel less like you are screaming into the void.”
You can read the governor's full statement below:
“I am outraged that dangerous individuals could be left on our streets to hurt others. We all should have strong protections for public safety, and I am demanding that our competency laws get fixed. Our conversation will help inform next steps to help address this issue. I remain committed to improving public safety for everyone in Colorado and have directed the relevant state agencies to take action to ensure that in the meantime, individuals who are a danger to themselves and others are not released into the community. I am doing everything I can to drive all parties to improve this process through legislation as soon as possible. This includes working directly with the district and county attorneys so that if charges are dismissed due to competency, the state works in partnership with local governments and the judicial branch to provide civil commitment where appropriate, care coordination, rehabilitation, guardianship, and secure placement. We’re pursuing short-term actions as we pursue more comprehensive long-term solutions in partnership with the legislature, local leaders, law enforcement, district attorneys and others to further strengthen options to protect public safety.”
