An El Paso County judge ruled that the accused University of Colorado Colorado Springs shooter is competent to proceed to trial despite the conflicting competency reports presented to the court. 

Nicholas Jordan, 25, appeared to court on Friday afternoon in custody for the second half of his competency hearing, which began earlier this month. 

Jordan is accused of shooting and killing Celie Rain Montgomery, 26, of Pueblo, and Samuel Knopp, 24, of Parker, in the early morning hours of Feb. 16 in the dorms on the UCCS campus. 

In April, Judge David Shakes announced that the first competency evaluation, performed by the Colorado Mental Health Institute at Pueblo, found Jordan incompetent to proceed. The prosecution then requested a second evaluation by an expert unaffiliated with CMHIP. The second evaluation found Jordan competent, leading to a competency hearing. 

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Earlier this month Dr. Patricia Westmoreland, a forensic psychiatrist hired by the prosecution, testified that she found Jordan competent to proceed, and that Jordan had disclosed to her that he was faking his symptoms in his first evaluation conducted with employees of the state. 

Westmoreland testified at the previous hearing that Jordan told her other inmates encouraged him to lie so he could be transferred to a state hospital, where he could receive better food, and that he regretted going down this path. 

On Friday, forensic evaluator Sarah Velsor testified behind the reasoning why she concluded that Jordan was incompetent to proceed to trial, and why she believed he was not faking his mental illness.  

Velsor testified that she found that Jordan suffers from either bipolar or schizophrenic disorders that rendered him incompetent to stand trial. Additionally, Velsor said while being cross-examined that she was “very confident” that Jordan was not significantly exaggerating or lying about his symptoms during the evaluation. 

Velsor pointed to not just her findings in the interview itself, but also pointed to previous mental health issues in Jordan’s past and in other family members, as well as his score on the M-FAST test taken during the evaluation process. 

The M-FAST test, according to Velsor, is designed to test whether an individual is exaggerating or lying about their symptoms to an evaluator. Velsor testified that Jordan scored a one on the exam, near the bottom of the possible test results. 

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As the testimony rolled on Jordan, who appeared to court in an orange El Paso County jail jumpsuit, sat slumped back in his chair, either looking down at the floor or straight ahead at the wall. 

Discussing the conflicting reports made up a majority of the time of the hearing, with Jordan’s defense stating during argument that Westmoreland’s evaluation was less thorough than Velsor’s and that Westmoreland was a “hired gun” for the prosecution, whereas Velsor was a completely objective evaluator. 

The prosecution argued in cross-examination and argument that it was likely that both evaluations were correct, and that Jordan is currently competent to proceed but was not at the time of Velsor’s evaluation, which took place more than a month prior to Westmoreland’s. 

Prosecutor Andrew Vaughan during argument pointed out the significant differences in Jordan’s behavior and cognitive ability from his first evaluation to his second. Specifically, Vaughan pointed to Jordan’s much improved hygiene and appearance, as well as his ability to factually describe details of how criminal court works, and the details of his own case in a way he was not in his first evaluation.

Nick Rogers, Jordan’s defense attorney, argued in response that Velsor testified mental illness symptoms can “wax and wane” meaning it is possible for Jordan’s mental health to have improved, but, it is also possible for his mental health to degrade and the symptoms worsen as well.

“The time to do this (give Jordan restorative treatment) is now,” Rogers argued. “We don’t want this to become an issue later.” 

As the hearing neared a close, and Shakes prepared to give his ruling, Jordan appeared to be struggling to stay awake at the defense table. 

After more than three hours of testimony and argument, Judge Shakes ruled that Jordan is competent to proceed to trial. Shakes highlighted Jordan’s seemingly improved mental health condition at his second evaluation as well as his admission to Westmoreland that he exaggerated and lied about his symptoms to Velsor. 

“The defense has failed to meet its burden,” Shakes said while issuing his ruling. “The defendant does not have a mental disability that prevents him from having a traditionally and factual understanding of the charges and procedure.”

Jordan, who remains in custody at the El Paso County jail on a $5 million cash-only bond, will make his next appearance in court on Sept. 3 for his preliminary hearing. 

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