The man accused of killing three people and wounding nine others at a Planned Parenthood clinic in Colorado Springs a decade ago died in custody over the weekend, according to the Federal Bureau of Prisons.
Robert Dear, 67, died at 6:30 a.m. Saturday in the U.S. Medical Center for Federal Prisoners in Springfield, Missouri, Bureau of Prisons spokesperson Randilee Giamusso said. His death was “preliminarily linked to natural causes,” Giamusso said Tuesday, and prison officials followed advanced medical orders before he died.
Dear’s death ends a decade-long — and ultimately unsuccessful — effort to convict him of crimes connected to the mass shooting. Although Dear had been in state or federal custody since the 2015 attack and confessed to carrying out the mass shooting, he was never convicted because he was always considered to be too mentally ill to go through the court process — that is, he was consistently found incompetent to stand trial.
Fourth Judicial District Attorney Michael Allen said in a statement Tuesday that the victims of the shooting were denied justice in the “evil attack.”
“All three victims and this community deserved the full measure of justice in this case, but they are now denied that possibility,” Allen said. “Their family members and loved ones have endured this horror for far too long.”
The Bureau of Prisons declined to provide any additional information about Dear’s death and officials with the Greene County Medical Examiner’s Office did not immediately return requests for more information.
Dear’s attorneys did not respond to requests for comment Tuesday.
Dear was accused of attacking the Planned Parenthood clinic on Nov. 27, 2015. Authorities believe he intended to wage “war” on the clinic because the staff performed abortions. He arrived armed with four SKS rifles, five handguns, two more rifles, a shotgun and more than 500 rounds of ammunition, according to the U.S. Attorney’s Office.
Twenty-seven people who were inside the clinic at the time hid until they could be rescued by law enforcement, according to prosecutors. Dear fired 198 rounds in the attack and tried to blow up propane tanks to take out law enforcement vehicles during a five-hour standoff.
Those killed were Ke’Arre Stewart, 29, Jennifer Markovsky, 36, and Garrett Swasey, 44, a campus police officer who responded to the clinic after hearing there was an active shooter. Another four police officers were wounded.
The issue of Dear’s competency stalled the state’s murder case against him in 2016. Federal prosecutors brought their own case alleging firearm and civil rights violations in 2019; those proceedings also stalled due to Dear’s compromised mental state.
A competency evaluation considers whether a criminal defendant is mentally ill or developmentally disabled, and whether that mental illness impedes the defendant’s ability to understand the court process. Rooted in the constitutional rights to due process and a fair trial, competency centers on two prongs — whether defendants have a factual and rational understanding of the proceedings, and whether defendants are able to consult with their attorneys and assist in their own defenses.
Experts previously testified that Dear understood the facts and circumstances of his case but was still incompetent to proceed because he could not assist in his own defense.
Dear was known for frequent outbursts in court. During a 2019 hearing, he declared himself to be a “religious zealot” who was being prosecuted in a “political kangaroo court.” In 2021, he insisted in federal court that he was competent to stand trial, shouting, “I’m not crazy.”
In September, a federal judge started the process for Dear to be committed long-term to the mental health facility in Missouri after finding he was unlikely to be restored to competency.
The decision came nearly three years after the judge ordered that Dear be medicated against his will in 2022. Federal prosecutors believed doing so would restore him to competency.
Dear, who called involuntary medication a “chemical lobotomy,” challenged that order all the way to the U.S. Supreme Court, which in February refused to take up the case. The judge then ordered that Dear’s treatment go forward, and the involuntary medication started in April.
The medication did not restore him to competency, the judge found in September.
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