Colorado parents meet with Gov. Jared Polis about competency law, plans to change legislation next year

A Colorado law dealing with a defendant's mental competency that puts the state in compliance with a 1972 Supreme Court ruling is causing controversy. If evaluators determine a person is unlikely to be restored in the foreseeable future, a judge must dismiss charges, or if the individual qualifies, they will be civilly committed to a treatment facility. 

Colorado lawmakers have asked Gov. Jared Polis to intervene. But it turns out that parents could be the answer to change. 

It's been nearly four years since Joseph Bowman and his sister's world was turned upside down, after they and their mother were struck by another car while they were driving to their work in Golden. 

"We were robbed of justice for ourselves, for myself, my sister, and for our mother," said Bowman. 

The incident happened on Highway 6 near West Colfax Avenue on Dec. 17, 2021. Bowman's mother died several months later on Oct. 1, 2022, from complications related to the crash.

"We were hit by Guillermo Ramirez, who was drunk, on drugs, he did not have a license, he did not have insurance," said Bowman. 

Then, last April, charges against Ramirez were dropped by a Jefferson County judge, citing mental incompetency per recent changes to state legislation. 

"Our lives were turned upside down by Guillermo Ramirez's recklessness. And it just felt like one devastating blow after another, and it just felt like trauma," said Bowman about the case's outcome. 

"Nobody's happy. That's a recurring theme," said Dante White. 

White's family shared similar frustrations to Bowman when his community encountered roadblocks with the competency law while seeking justice in another case. 

White's son was on the playground at Black Forest Hills Elementary School back on April 19, 2024, when Solomon Galligan allegedly attempted to abduct a student on the playground.

His case was dismissed under the same conclusion of being mentally incompetent to stand trial. 

"We were coordinating what we can do, next steps, and really bringing to his attention how important this issue is," said White. 

That's what led both men to a meeting, held Monday afternoon, with Gov. Jared Polis. 

This comes after months of discussions with district attorneys, families and some lawmakers about their concerns with the legislation as it exists currently.

Earlier this month, CBS Colorado detailed that changes to the competency law were made in the first place to comply with a 1972 U.S. Supreme Court ruling on the subject. 

Parents and Coloradans who say the competency law has prevented justice from being served believe it can be changed to better hold criminals accountable, while paving the way for more access to mental health resources.

"They should not be re-released back into society. They should be removed from play, and if they want to claim competency or claim insanity, then they need to be civilly committed until such time, and receive the treatment and the resources that they need to address that insanity or to address that incompetency until such a time that that is resolved," said Bowman. 

"There are also components of, if we don't do this law right, it could become weaponized against people with mental health issues and things of that nature," said White. 

While it may not happen in a special session before the end of the year, both men say they felt assured by their talks with the governor that he will address concerns about mental incompetency in the new year and prioritize additional funding for more mental health beds and resources statewide. 

Polis issued the following statement in response to the meeting:

"I'm grateful that Mr. White and his family took the time to meet with me today to share the terrible experience their child had at school. 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."

Both men say the next steps are meeting with more legislators, including the bill's sponsor, state Sen. Judy Amabile, and they say they have been asked to testify before the legislature in January to advocate for mental health funding.