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

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

An Arapahoe County Court determined the man accused 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 Woessner for those robberies, but now court records show a judge in Arapahoe County dismissed charges, saying Woessner was incompetent to stand trial.

District Attorney Amy Padden says current competency laws are concerning.

“The statute is currently mandatory that if someone is found incompetent and not likely to be restored that the court shall dismiss the case and it doesn’t matter how serious the case is. In many cases are just getting released to the street without any services without any mental health provided to them,” Padden said.

There was a similar case in August, also in Arapahoe County, where a defendant was found not competent to stand trial. That case was dismissed, but the suspect allegedly attempted to kidnap children from a school yard.

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

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

Records show Denver police arrested the 21-year-old after he allegedly “strangled” someone for “20 seconds.”

The Colorado Parent Advocacy Networks says Governor Jared Polis needs to call an emergency special session to address the issue.

“What’s happening is that these violent felons are being dismissed of all criminal charges and then being released back into the streets. We must repeal or amend these laws,” Colorado Parent Advocacy Network Executive Director Lori Gimelshteyn said.

FOX31 asked the Governor’s office for a response regarding the Woessner’s case, and was told that the governor’s office has a different view of why the case and said it has nothing to do with competency, but that the governor is still intent on fixing Colorado’s mental competency laws.

“It’s our understanding that this individual was not released due to dismissal of the criminal charges based on a finding of permanently incompetent to proceed,” the governor’s office said. “Rather, in both cases, the judges determined that he was eligible for bond, allowing him to not be in jail while waiting for a trial. This has nothing to do with competency, but the governor is demanding that the legislature, in tandem with stakeholders and state agencies, work to fix competency as quickly as possible.”

The governor’s office said that the Arapahoe County case was dismissed, but charges are still pending in Denver. Woessner’s hearing is next month to once again determine whether he is competent to stand trial on new charges.

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

“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,” the governor’s office told FOX31.

Polis also noted that his budget proposal has funding for addressing mental competency, including secure beds for those not found restorable to competency.

 

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