A transgender sex offender who attempted to kidnap an 11-year-old boy from a Colorado elementary school playground will avoid prison time after being declared mentally incompetent, sparking outrage from prosecutors, parents and even the defendant’s own lawyer over a controversial state law.
Solomon Galligan, 33, also known as Carmen, was charged with attempted kidnapping and child abuse after lunging at children during recess at Black Forest Hills Elementary School in Aurora on 19 April 2024. However, a judge was forced to dismiss all charges after doctors found Galligan permanently incompetent to stand trial and unlikely to be restored to competency.
The dismissal came under Colorado House Bill 24-1034, which mandates judges must drop charges when defendants are found incompetent and “non-restorable.” Previously, judges had discretion over whether to dismiss such cases, but the law change in July 2024 removed that option, drawing fierce criticism from legal professionals and victims’ families.
Surveillance Footage Captures Terrifying Attack
CCTV footage from the Aurora school showed Galligan entering the playground at 1pm wearing a blue hoodie and dark trousers whilst carrying a white blanket. Within minutes, children were seen sprinting away screaming “stranger danger” as the registered sex offender gave chase across the field.
The video captured Galligan lunging at one child before falling to the ground. After standing back up, the attacker continued pursuing students for several more seconds before fleeing when staff approached. Police arrested Galligan three hours later on a £19,600 ($25,000) bail.
According to the police report, Galligan grabbed one child but lost grip when tripping. The victim told officers the attacker, who smelled of alcohol and had white powder on their face, had told the children to “stop running” during the pursuit.
Prosecutor Ryan Brackley expressed frustration over the forced dismissal: “Someone could ask that she be put into a more long-term, secure facility, but because the criminal case had to be dismissed, that’s not something that we have any control over anymore.”
Broken System Leaves Community Vulnerable
Galligan’s own defence attorney, Deputy State Public Defender India Butler-Dines, blasted the legal system during court proceedings. “We recognise that there is a broken system in the state of Colorado,” she told the judge, highlighting how her client had undergone at least 23 competency evaluations over 18 years.
The 33-year-old’s sister, Sarah Galligan, revealed her sibling was diagnosed with bipolar disorder and schizophrenia as a teenager and has been “in and out of prison for the past 12 years.” She warned the community remained unsafe with the perpetrator potentially back on the streets.
“It just really sucks he had to do something so eye-catching for everybody to see he’s not well, and he’s not OK to be out and be on his own,” Sarah said, adding that Solomon had never previously shown interest in children, making the school attack particularly shocking.
Victims Left Traumatised as Justice System Fails
The attempted kidnapping has left lasting psychological scars on the young victims. Dante White, whose 11-year-old son was on the playground during the attack, revealed the profound impact on his child and classmates.
“My son wouldn’t even go upstairs to, like, brush his teeth unless I was right there with him… That’s not a way to live,” White said. He disclosed that his son, along with many peers, required therapy to process the trauma of the incident.
White expressed disbelief upon learning charges would be dropped: “I thought this would be an open and shut case.” He has since contacted local lawmakers about reforming the competency law, stating: “That could have been my kid. That could have been my brother and my sister, or my child.”
David Exstrom, president of the Aurora Police Association, questioned the long-term impact on children’s trust in the justice system: “My heart breaks for the kids that were at that school on the playground that day. And then to see that he wasn’t held accountable for that.”
Controversial Law Ties Judges’ Hands
The dismissal stems from Colorado’s reformed competency law, which took effect in July 2024. The legislation requires judges to dismiss charges when defendants are found incompetent and unlikely to regain competency, regardless of the crime’s severity or public safety concerns.
State Representative Judy Amabile, who sponsored the bill, defended the changes as necessary clarification: “The law previously stated someone like [Galligan] has to be released from custody, but it was unclear whether the charges had to be dropped. This clarifies that the charges have to be dropped as part of you being released.”
However, critics note the law passed without funding for additional mental health beds or staff at state facilities. Amabile acknowledged: “We would have liked for there to have funding, but we understood that the bill wouldn’t get passed because we are constrained at the state level with resources.”
Revolving Door Through Criminal Justice
Galligan is currently held at a treatment centre through short-term civil commitment, but prosecutors warn there’s no guarantee of long-term confinement. The District Attorney’s office stated the “only way” Galligan would be released is if “a licensed professional notates that they believe Galligan is no longer a threat to the public or themselves.”
However, Brackley cautioned about the system’s limitations: “What we would like to avoid in this case is the tendency for it to be a revolving door through the criminal justice system, into the civil justice system and back to the criminal justice system without any meaningful secure mental health treatment.
Court records reveal Galligan has faced criminal charges in every case since 2007, with competency being an issue each time. The defendant has a 2012 conviction in Jefferson County for failing to register as a sex offender, though details of the original sex crime remain unclear.
Galligan’s family revealed a pattern of refusing medication and treatment. Amanda Morris, Galligan’s niece, explained: “The way schizophrenia and bipolar is, he’s unable to make decisions for himself. He’s got voices and other things making those choices for him, which then leads him to be off his medication.”
The case highlights Colorado’s struggle to balance mental health treatment with public safety, leaving communities vulnerable when severely mentally ill offenders cycle through a system unable to provide adequate long-term care or accountability.
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