Ahmad Alissa stands with his defense attorneys Sam Dunn and Kathryn Herold in Boulder District Court on Friday. (Colorado Judicial Department)
The fate of the man accused of killing 10 people at a Boulder King Soopers is now in the hands of a jury after attorneys concluded their closing statements Friday afternoon.
The jury began deliberating at 3 p.m. on Friday before breaking for the weekend. They will resume Monday.
Four alternate jurors will also report to the courthouse but will not participate in deliberations unless one of the 12 original jurors needs to be excused.
Ahmad Alissa, who did not testify in the case, pleaded not guilty by reason of insanity to 10 counts of first-degree murder, 38 counts of attempted first-degree murder, one count of first-degree assault, six counts of felony possession of a prohibited large capacity magazine, and 38 crime-of-violence sentence enhancers in connection with the shooting.
If found guilty of just one first-degree murder charge, Alissa will be sentenced to prison without the possibility of parole. If found not guilty by reason of insanity, he will be sentenced to the Colorado state hospital until he’s determined to be restored. Sanity is based on whether he could form a culpable mental state and decipher right from wrong at the time of the offense.
Boulder Police Officer Eric Talley, Denny Stong, 20; Neven Stanisic, 23; Olds, 25; Tralona Bartkowiak, 49; Teri Leiker, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; and Jody Waters, 65, were killed in the shooting.
‘He was tenacious and he was relentless’
During the prosecution’s closing statements Friday morning Assistant District attorney Ken Kupfner walked the jury through the shooting and showed images of each victim after describing how they were killed.
“He was tenacious and he was relentless. He shot and he shot and he shot,” Kupfner said.
Kupfner displayed the animation created by the FBI, video surveillance and crime scene photos during his statement.
With each victim, Kupfner emphasized that the defendant had intent and killed them after deliberation.
“That optic you all looked through he took that red circle and he put it on her face,” Kupfner said about Olds, adding, “He shot her in the face because he intended to kill her.
“One shot after deliberation, one shot into the young, promising life of Rikki Olds,” Kupfner added.
“This is fun! This is so fun! This is the statement Mr. Alissa made during the mass shooting that pharmacist Sarah Chen told you about,” Kupfner said. “You’re sick, you’re sick does not mean you’re insane. Mental illness does not mean you’re insane.”
— Nicky Andrews (@nickyandrewss) September 20, 2024
Kupfner also talked through all of the attempted murder victims and explained why they were listed as victims in the charges.
Kupfner described “humble, heroic” Christopher Tatum reentering the store for the third or fourth time during the shooting.
Kupfner said when the shooter was shot in the leg, “that ended the killing.”
“That was the end of the defendant’s reign of terror. He had been shot,” Kupfner said.
Kupfner also emphasized Clint Ponsford and Paul Rotar, who the defendant reportedly saw multiple times in the store but did not shoot at.
“He doesn’t even raise the gun, ask yourself about what’s different about Clint Ponsford. … Clint Ponsford showed no fear,” Kupfner said. “It wasn’t fun if they weren’t in fear, if they weren’t running, if they weren’t hiding.”
Kupfner also emphasized that Alissa said he planned to die but then took his clothes off after the shooting so he would not be shot by police.
“There is nothing in this case that speaks louder to being able to distinguish right from wrong than knowing if he wasn’t shot by cops, he was going to jail,” Kupfner said.
Every doctor who conducted a sanity evaluation on Alissa found him to be sane at the time of the offense, according to Kupfner.
“Mr. Dougherty and I, we have proven each and every element beyond a reasonable doubt, including that he was sane at the time of these crimes,” Kupfner said.
‘This tragedy was born out of disease, not choice.’
Defense attorney Kathryn Herold started off her arguments by stating, “insanity is the only explanation for this tragedy.” Before she explained to the jury that the defense never questioned that Alissa had intent to commit the mass shooting and did commit it.
“Mr. Dunn told you from the very beginning that what happened on March 22, 2021, was a tragedy,” Herold said. “There are no words that any of us can say to properly express the extent of that tragedy, the tragedy my client caused.”
She continued, “We have all felt the effects of the tragedy and we’re going to feel those effects long after we leave this courtroom. This tragedy was born out of disease, not choice.”
Herold then said the jury had emotions shoved at them in an effort by the prosecution to distract them from the question of insanity in this case.
“They’re trying to scare you,” Herold said. “They’re trying to evoke your emotions so you don’t look at what’s really going on here, what was really going on that day.”
Herold also played multiple clips from the evaluation in which Alissa is heard saying the “killing voices” told him to commit the mass shooting. She described Alissa as “so delusional, so psychotic, hearing voices, killing voices, over and over again, that he felt all he could do was make them stop” following the shooting.
At one point during her testimony, Herold began yelling at the jurors, “KILL! KILL! KILL! KILL! KILL!” and then continued, “What would that be like?”
Herold also emphasized that Dr. Loandra Torres, who evaluated the defendant and found him sane, said she was “not confident.”
Herold noted Torres could not consider outside information, only the information Alissa told her.
“Your evaluation is not the same as what hers is,” Herold said.
attorney Kathryn Herold and Boulder County District attorney Michael Dougherty discuss an objection with Boulder Chief Judge Ingrid Bakke during the Boulder King Soopers trial in Boulder District Court on Sept. 20, 2024. (Colorado Judicial Department)” width=”608″ data-sizes=”auto” src=”https://i0.wp.com/www.dailycamera.com/wp-content/uploads/2024/09/DCC-Z-King-Soopers-trial-03.jpg?fit=620%2C9999px&ssl=1″ data-attachment-id=”1651814″ srcset=”https://i0.wp.com/www.dailycamera.com/wp-content/uploads/2024/09/DCC-Z-King-Soopers-trial-03.jpg?fit=620%2C9999px&ssl=1 620w,https://i0.wp.com/www.dailycamera.com/wp-content/uploads/2024/09/DCC-Z-King-Soopers-trial-03.jpg?fit=210%2C9999px&ssl=1 210w”/>Defense attorney Kathryn Herold and Boulder County District attorney Michael Dougherty discuss an objection with Boulder Chief Judge Ingrid Bakke during the Boulder King Soopers trial in Boulder District Court on Friday. (Colorado Judicial Department)
Herold also emphasized how potent Alissa’s antipsychotic medication is.
“They finally have found a medication that appears to start working in March 2023,” Herold said. She continued explaining that it was a “medication of last resort.”
“That’s how severe Mr. Alissa’s schizophrenia was,” Herold said.
Herold said the voices are why Alissa bought the guns, why he went to the King Soopers and it’s why he carried out the shooting.
Herold said the prosecution’s argument that Alissa was there to kill as many people as he could doesn’t make sense as he didn’t kill Ponsford or Roter.
Herold listed ways in which the prosecution had “unprovoked and unnecessary attacks on Mr. Alissa’s family” during the trial and their “whole case was illogical and inconsistent.”
Herold also told the jury that District attorney Michael Dougherty would come up to rebuttal and point at her client, as he did during opening statements, and say, “that guy bought the guns, that guy was on his phone.”
“That guy is seriously mentally ill,” Herold said. “That guy was suffering from psychosis when he killed 10 people. That guy did not know right from wrong.
“Mr. Alissa committed these crimes because he was psychotic and delusional,” Herold said. “On March 22, 2021, he was suffering from psychosis and delusion. That guy, he’s not guilty by reason of insanity.”
‘He is methodical and he is brutal’
Dougherty started his rebuttal by providing background of Alissa’s actions prior to the shooting.
“March 22 didn’t just happen in a vacuum. He built for this, he planned for this,” Dougherty said.
Dougherty emphasized that no doctor found him insane and the defense leaned on the defendant’s family for evidence.
attorney Michael Dougherty makes closing arguments in the Boulder King Soopers shooting trial in Boulder District Court on Sept. 20, 2024. (Colorado Judicial Department)” width=”773″ data-sizes=”auto” src=”https://i0.wp.com/www.dailycamera.com/wp-content/uploads/2024/09/DCC-Z-King-Soopers-trial-05.jpg?fit=620%2C9999px&ssl=1″ data-attachment-id=”1651816″ srcset=”https://i0.wp.com/www.dailycamera.com/wp-content/uploads/2024/09/DCC-Z-King-Soopers-trial-05.jpg?fit=620%2C9999px&ssl=1 620w,https://i0.wp.com/www.dailycamera.com/wp-content/uploads/2024/09/DCC-Z-King-Soopers-trial-05.jpg?fit=210%2C9999px&ssl=1 210w”/>Boulder County District attorney Michael Dougherty makes closing arguments in the Boulder King Soopers shooting trial in Boulder District Court on Friday. (Colorado Judicial Department)
“It falls to the defendant’s family,” Dougherty said before explaining that Alissa’s brother was right when he said he’s not a doctor.
“He was having mental health issues but he was completely functioning,” Dougherty said.
Dougherty brought up survivor and witness testimony from the trial that included descriptions of Alissa as being focused, determined and hunting.
“He is methodical and he is brutal,” Dougherty said about the shooter.
Dougherty contended that the defense asked the jury to consider three things they’re legally not supposed to: why Alissa committed the crime, where Alissa will be sentenced and his current mental health. Dougherty told the jury to not consider the emotions, just the evidence.
“The time has come to end this case and there is one question left, could he decipher right from wrong?” Dougherty said.
Dougherty recalled that Herold said there are “no words” to describe what happened on March 22, 2021, Dougherty then said there is one word.
“Guilty.”
How to follow the trial live
Those interested in watching the trial can view it via livestream at live.coloradojudicial.gov or watch in person. However, courtroom benches have been reserved for victims’ families, the defendant’s family and credentialed media.
Readers can also follow reporter Nicky Andrews on X at x.com/nickyandrewss for live updates and visit dailycamera.com for daily stories.
Resources
#BoulderStrong Resource Center, 2935 Baseline Road, will remain open and available to anyone seeking support in coping with psychological or emotional effects associated with the shooting. The center will be open from 10 a.m. to 5 p.m. Monday through Friday. The center offers a multitude of resources including; AcuDetox, art therapy and dog therapy. During the trial movies will also be shown and snacks will be available to visitors.
The scheduling of certain resources and more information can be found at weareboulderstrong.org.
Originally Published: September 20, 2024 at 7:45 a.m.
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