Planned Parenthood Shooting: Dear mental competency hearing wraps with no decision, will continue on May 10

The man who acknowledges killing three people at a Colorado Springs Planned Parenthood was in court for a discussion of his mental health Thursday.

The hearing focused on whether 57-year-old Robert Dear is competent to continue with his criminal case.

The hearing wrapped up at 5 p.m. with no ruling from Judge Gilbert Martinez. It will continue on May 10 at 1 p.m.

The psychologist who evaluated Dear testified that in her opinion, Dear is not mentally competent to stand trial.

Dr. Jackie Grimmett said that she believes Dear is suffering from a mental disorder and that Dr. Thomas Gray, who conducted the exam with her, agrees with her assessment. Grimmett said to be found incompetent the person must have a mental or developmental disability.

She says she believes Dear has a delusional disorder based upon the exam which includes Dear’s beliefs that the FBI has been following him for 22 years. Dear also said that he thought his food was poisoned while in jail, which Grimmett claims corresponds with a delusional disorder.

Grimmett said that she spent more than 40 hours reviewing Dear’s records and met with him on Jan. 20 and Feb 3.

In Dr. Gray’s testimony he claimed Dear said he didn’t want to be at the state hospital in Pueblo because he said quote, “I am not nuts.” Gray mentioned Dear was offered basic legal knowledge classes during his time at the hospital and attended a few. Gray also testified that people with delusional disorders can be restored to competent but there’s no definitive timeline and it varies by person.

When the prosecution asked Gray if it’s possible for someone to be highly religious but not delusional, Dear shouted, “Yes, That’s me.” Dear then shouted to Dr. Gray, “I don’t like you and you never liked me.”

The lead detective in the case was questioned earlier in the day.

Detective Jerry Schiffelbein testified at Thursday’s hearing that he interviewed Robert Dear for seven-and-a-half hours following his arrest on Nov. 27.

Schiffelbein said Dear claimed the morning of Nov. 27 his ex-girlfriend, Stephanie Bragg, was hospitalized in Woodland Park. Dear told Schiffelbein he believed Bragg was working with FBI agents and it was “part of a plan to get him.”

KRDO NewsChannel 13’s Angelica Lombardi reports that when Schiffelbein mentioned Dear’s ex-girlfriend in court, Dear shouted “I figured it out, but I forgive her.”

Dear also claimed a janitor at the Woodland Park hospital shoved a mop in his eye and believed it was a secret agent trying to kill him and that’s when he decided to go to Planned Parenthood in Colorado Springs.

Dear told Schiffelbein that after leaving the Woodland Park hospital he went to a Walmart to purchase phone cards and investigators confirmed that with surveillance video. Dear then went to Rudy’s Country Store & Bar-B-Q where he asked for a phone book to call Planned Parenthood for an address. He told investigators he then drove to the El Paso County Sheriff’s Office where he attempted to fire shots. He then went to Lowes and an unknown motel to ask for directions before going to the Planned Parenthood clinic on Centennial Boulevard.

As testimony continued, Schiffelbein claimed Dear said he had planned on dying inside Planned Parenthood. After he opened fire, he flipped a card where one side read “give up,” the other read “shoot out.” Dear claims when he flipped it, it landed on “give up” and that’s when he surrendered. Schiffelbein says Dear told him it was a sign from God.

Schiffelbein also testified that Dear said he gave himself a laceration on his right hand during the shooting because he wanted Police officers to think he committed suicide so he could shoot out the other officers. He also said he was shot by officers and injured on his lower right abdomen but his homemade vest stopped the bullet. Dear said he chose Planned Parenthood because it was quote, “the most evil place on earth.”

In Schiffelbein’s testimony he claimed Dear said numerous times he is competent and doesn’t want to cooperate with his attorneys. He claimed he didn’t want to plead guilty by insanity because it quote, “diminishes his cause to save the babies.”

When Schiffelbein mentioned court documents were initially sealed in the case, Dear shouted, “That’s why they’re all sealed. There’s a gag order because the judge is out to get me.” Dear also told Schiffelbein he moved to Colorado to be left alone and for the legal marijuana.

Dear had several courtroom outburst Thursday morning. He recited the bible verse Luke 10:18, which he’s referred to several times over the past few months. He also shouted, “I’m going to represent myself, it’s my constitutional rights. It’s my life on the line.”

A judge ordered Dear’s mental evaluation after he announced he wanted to fire his public defenders and represent himself.

Prosecutors charged Dear with 179 counts including murder, attempted murder and assault for the Nov. 27 shooting that also injured nine.

At one point during Thursday’s hearing Dear shouted, “You went overboard with the 179 charges.” During courtroom outbursts at previous hearings, Dear declared himself a “warrior for the babies” and said he was guilty.

His defense wants him committed to a psychiatric hospital. If a judge agrees, Dear’s case would stall indefinitely while he gets treatment.

Criminal defense attorney Jeremy Loew said if Judge Martinez rules Dear is incompetent he could spend the rest of his life getting treatment at the state hospital in Pueblo. Loew explained Dear can receive treatment for as long as the sentence he faces. That means if he could receive life in prison, he could spend his life getting treatment.

While prosecutors will likely try to prove that Dear is competent, Loew said prosecutors will have to be careful because two doctors both ruled he was incompetent. It could set the case up for appeal.

“Prosecutors would like to prove that he is competent to proceed. The problem with that is if they do prove he is competent to proceed and the judges rules the trial shall go forward, it’s ripe for appeal,” said Loew.

According to Loew, the defense will likely argue Dear is not guilty by reason of insanity. If Dear is determined incompetent, Loew said it still wouldn’t have an impact on determining if he is insane; different tests would be needed to prove he is insane.

Loew said if it’s determined Dear is incompetent, he receives treatment and becomes competent, but then returns to court and relapses into incompetency, the process starts all over again.