LAKEWOOD, Colo. – Scott Green is a typical family doctor who found himself in an atypical situation: the victim of a violent crime.
In May 2022, a man entered Green’s Lakewood office and stabbed him in the stomach. He said the wound should have been fatal, but he was lucky and survived. The then 28-year-old suspect, Ross McPherson, left the scene and was arrested about a week later. He was charged with several crimes, including attempted first-degree murder.
More than two years after the stabbing, on Sept. 9, Green contacted Denver7 for a troubling update on the case.
“I am writing to you to ask for help with what I believe is an important public interest story,” he said in an email, explaining that the court may drop charges against the suspect. “I have no doubt that he continues to pose a threat to me and the entire community.”
In July, McPherson was found to be “unfit to proceed without restorative capacity,” meaning lawyers for both parties agreed it was unlikely McPherson would be able to stand trial for the foreseeable future due to his mental health.
That same month, state law changed. What previously read: “The court may discontinue the criminal proceedings” now reads: “The court discontinues the criminal proceedings” if it turns out that a defendant is unable to continue. This small but important change means judges must now dismiss criminal charges if a defendant is deemed incompetent and unrecoverable.
“At first I was stunned. I didn’t believe it,” Green told Denver7 Investigates, describing his reaction to the message he received from a Jefferson County victim’s attorney assigned to his case.
For several weeks, Denver7 Investigates sat through multiple hearings in a Jefferson County courtroom as the judge, defense, prosecutors and Green grappled with the fact that McPherson could potentially be released back into the community.
“If he goes out, I think, for reasons I don’t understand, that he’s obsessed with me, and I think it’s likely that he’ll come back and try to finish what he did before,” Green said .
The charter change comes after House Bill 24-1034 was passed and signed into law during the last legislative session.
The law says:
If the court does not find that the party alleging that there is a substantial likelihood that the defendant will become competent with restorative services in the reasonably foreseeable future has overcome the presumption, the court shall dismiss the case pursuant to Section 16-8.5 . 116.5 (1)(a)
State Representative Judy Amabile (D-D49) was a lead sponsor of the bill.
Amabile said the law previously stated that someone like McPherson must be released from custody, but “it was unclear whether the charges had to be dropped, and this makes it clear that if you are released, the charges must be dropped.” “But also… .. we then have the opportunity to accept you into the civil system.”
In other words, a suspect may be civilly committed to the Colorado Mental Health Hospital in Pueblo (CMHHIP). However, a bed must be available before a judge can impose civil penalties on someone.
A civil commitment is one of the few ways people in Colorado who need psychiatric help can be involuntarily hospitalized. According to the Colorado Behavioral Healthcare Council, civil commitments are considered a “last resort.” This proceeding is court-ordered, but is a civil matter, not a criminal matter.
And beds in the state hospital are difficult to come by.
When Denver7 Investigates began pursuing this case, there was no bed available for McPherson.
“It’s only when a bill actually becomes law that we can see what’s going on, what’s working well and where we can identify challenges or gaps,” said Leora Joseph, director of the Office of Civilian and Forensic Mental Health.
Her duties include managing the state hospital.
“Currently in Colorado, only the Pueblo Mental Health Facility can treat patients with pending charges – felony one, felony two or felony three – in a secure, maximum security facility,” Joseph said.
HB24-1034 passed without funding or appropriated funds to ensure more beds are available or staffing is added at the state hospital.
“We would have liked to see funding, but the real purpose of the bill was to do this cleanup and clarify some of the rules around that,” Amabile said. “We originally had funding, but we knew the bill would not pass because we have limited resources at the state level.”
After Denver7 Investigates requested the opportunity to film in the courtroom, a bed at the state hospital soon became available. McPherson is in the process of engaging in civil legal action and beginning psychiatric treatment.
However, there is a possibility that McPherson could eventually be released, pending a doctor’s approval.
Denver7 Investigates will be in court Tuesday morning and expects the judge presiding over McPherson’s case to dismiss the criminal charges.
What is competence?
Competence and incompetence are used in court to determine whether someone is capable of understanding a proceeding and assisting in their own defense. The term competency is not used to define whether someone needs mental health treatment.
Restoring a person’s competency does not necessarily mean that the defendant no longer needs mental health treatment.
Restorative services typically include medication and ensuring the defendant meets other criteria, including successful completion of workbooks, as outlined below.
How can someone be admitted to the CMHHIP?
Leora Joseph, director of the Office of Civil and Forensic Mental Health, explains the three ways someone can be admitted to the Colorado Mental Health Hospital in Pueblo.
Watch our video below for their explanation.
Leora Joseph explains the three ways someone can be admitted to the CMHHIP
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