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 walked into 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 suspect, Ross McPherson, who was 28 at the time, left the scene and was arrested about a week later. He was charged with multiple crimes, including attempted first-degree murder.
More than two years after the stabbing, on Sept. 9, Green reached out to Denver7 about a concerning update in the case.
"I am writing to you for some help with what I believe is an important public interest story," he said in an email, where he explained that the court may drop the charges against the suspect. "I have no doubt he remains a threat to me and the entire community."
In July, McPherson was found "incompetent to proceed without restorability," meaning the attorneys for both parties agreed it is unlikely McPherson will be fit to stand trial for the forseeable future because of his mental health.
That same month, state statute changed. What previously read "the court may terminate criminal proceedings" now reads "the court shall dismiss criminal proceedings" if a defendant is found incompetent to proceed. This small, but key change means judges now have to dismiss criminal charges when a defendant is deemed incompetent and nonrestorable.
"Initially, I was stunned. I didn't believe it," Green told Denver7 Investigates, describing his reaction to the news he got from a Jefferson County victim's advocate assigned to his case.
Over several weeks, Denver7 Investigates sat through multiple hearings in a Jefferson County courtroom as the judge, defense, prosecutors and Green all grappled with the fact that McPherson might be released back into the community.
“If he's out, I believe for reasons that I don't understand that he's obsessed with me and I think that it is likely that he would come back and try to finish what he did before," Green said.
The statute change comes after House Bill 24-1034 was passed and signed into law during the most recent legislative session.
The law states:
If the court does not find that the party asserting that there is a substantial probability that the defendant, with restoration services, will attain competency 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 Rep. Judy Amabile (D-D49) was one of the main sponsors of the bill.
Amabile said the law previously stated someone like McPherson has to be released from custody, but, "it was unclear whether the charges had to be dropped and so this clarifies that the charges have to be dropped as part of you being released. But also ... we have the ability then to admit you into the civil system."
In other words, a suspect can be civilly committed to the Colorado Mental Health Hospital in Pueblo (CMHHIP). However, a bed must be available before a judge can civilly commit someone.
A civil commitment is one of the few ways people in Colorado in need of mental health services can be involuntarily committed to a hospital. Civil commitments are considered a "last resort," according to the Colorado Behavioral Healthcare Council. This process is court-ordered, but a civil matter, not criminal.
And beds at the state hospital are hard to come by.
When Denver7 Investigates began following this case, no bed was available for McPherson.
"It isn't until a bill actually gets into play that we get to 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 Civil and Forensic Mental Health.
Her duties include overseeing the state hospital.
"Currently in Colorado, only the mental health facility in Pueblo can handle patients who have pending charges — felony one, felony two or felony three — in a secured, maximum security facility," Joseph said.
HB24-1034 passed with no funding or dedicated money to ensure more beds are made available or staff are hired at the state hospital.
"We would have liked for there to be funding, but the real purpose of the bill was to do this cleanup and to clarify some of the rules around that," Amabile said. "We originally did have funding in it, but we understood that the bill wouldn't get passed because we are constrained at the state level with resources."
After Denver7 Investigates requested the ability to film in the courtroom, a bed opened up at the state hospital soon after. McPherson is in the process of being civilly committed and begin receiving mental health treatment.
However, there is the possibility McPherson is eventually released pending a doctor's approval.
Denver7 Investigates will be in court on Tuesday morning, expecting the judge presiding over McPherson's case will dismiss the criminal charges.
What is competency?
Competency and incompetency are used in a court of law to determine whether someone is capable of understanding proceedings and assisting in their own defense. The term competency is not used to define whether someone needs mental health treatment.
Restoring someone to competency does not necessarily mean the defendant no longer needs mental health treatment.
Restoration services typically involve medications and ensuring the defendant meets other criteria, including the successful completion of workbooks, like the one seen below.
How can someone be admitted to CMHHIP?
Leora Joseph, director of the Office of Civil and Forensic Mental Health, explains the three ways somebody can be admitted to the Colorado Mental Health Hospital in Pueblo.
Watch our video below for her explanation.
