Questions raised after robbery suspect released under Colorado’s competency laws

DENVER (KDVR) — Charges have been dropped against a man accused in a series of serious robberies in Aurora.

The Arapahoe County District Court ruled that the man charged in the case was not competent to stand trial. This case began after convenience stores in Aurora were robbed six different times.

The police department said it arrested Ross and Woessner for those thefts, but court records now show that an Arapahoe County judge dismissed the charges, saying Woessner was incompetent to stand trial.

District Attorney Amy Baden says current efficiency laws are troubling.

“The law is currently mandatory, so if someone is found to be incompetent and unlikely to be restored, the court must dismiss the case, and it doesn’t matter how serious the case is. In many cases, they are just released onto the street without any services without any mental health care being provided to them,” Baden said.

There was a similar case in August, also in Arapahoe County, where the defendant was found incompetent to stand trial. This case was dismissed, but the suspect attempted to kidnap children from the school grounds.

There was a similar controversial proficiency case in Weld County in September. The district attorney in Greeley said charges against the dangerous suspect should be dropped due to competency issues.

FOX31 has learned that Woessner was arrested again in Denver on assault charges in April.

Denver police arrested the 21-year-old after he “choked” someone for “20 seconds,” records show.

Parent advocacy networks in Colorado say Gov. Jared Polis needs to call an emergency special session to address the issue.

“What happens is these violent criminals are dismissed from all criminal charges and then released back onto the streets. We must repeal or amend these laws,” said Lori Gimmelstein, executive director of the Colorado Parent Advocacy Network.

FOX31 asked the governor’s office for a response regarding the Woessner case, and was told the governor’s office had a different view on the cause of this case and said it had nothing to do with competency, but the governor remains intent on reforming Colorado’s mental competency laws.

“It is our understanding that this individual was not released because the criminal charges were dropped based on a finding that he was permanently incompetent to proceed,” the governor’s office said. “Instead, in both cases, judges determined that he was eligible for bail, allowing him not to remain in jail while awaiting trial. This has nothing to do with efficiency, but the governor is calling on the Legislature, along with stakeholders and state agencies, to work to fix efficiency as quickly as possible.”

The Arapahoe County case has been dismissed, but charges remain pending in Denver, the governor’s office said. Woessner’s hearing will be held next month to determine if he is competent to stand trial on new charges.

FOX31 reached out to Woessner through a listed phone number, but so far, we have not heard back from Woessner.

“We are pursuing short-term measures while seeking more comprehensive long-term solutions in partnership with the Legislature, local leaders, law enforcement, prosecutors and others to advance options to protect public safety,” the governor’s office told FOX31.

Polis also noted that his budget proposal includes funding for mental competency treatment, including secure beds for those who have not been found capable of regaining competency.

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