In Colorado, transgender registered sex offenders have evaded charges after attempting to lure children from a schoolyard, sparking controversy over state laws that have even drawn criticism from prosecutors and legal advocates.
Solomon Garrigan, who is currently attending Carmen, was deemed mentally incompetent by medical professionals after an incident in April 2024, where he allegedly tried to abduct an 11-year-old at Black Forest Hills Elementary School in Aurora.
Due to a lack of recovery in competency, the judge was compelled to dismiss the charges based on a 2024 amendment to the state’s competency law, which has been misused in this context.
Now 33, Garrigan has had a history of navigating the criminal justice system and is set to be released again, according to Ryan Blackley, a deputy district attorney for Colorado’s 18th Judicial District.
There are concerns from both victims and advocates about the implications of this case. “It’s troubling,” Blackley mentioned, pointing out that the current legal framework isn’t sufficient. He noted that while options like longer-term facilities could exist, the dismissal of the case limits control over the situation, indicating flaws in the Colorado Capacity Act.
“We’re worried about a systemic pattern where someone cycles in and out of the justice system without receiving adequate mental health treatment,” he added.
The District Attorney’s Office for District 18 mentioned that Garrigan is in treatment, hoping he will remain in a care center for the time being. They stressed that he could only be released when a licensed expert assesses him as no longer a threat.
Garrigan’s defense team criticized the Colorado justice system, emphasizing its shortcomings after their client’s recent evaluation. A spokesperson referenced a sister’s concerns about the risks posed by Garrigan, who has struggled with mental health issues since his teenage years and has faced barriers to appropriate treatment due to facility shortages.
Dante White, a parent whose 11-year-old son was present during the incident, recounted the trauma the children now live with, noting a profound change in their behavior and increased anxiety. “It’s hard for kids to live like this; my son is jumpy and won’t even go to brush his teeth alone anymore,” he lamented.
David Exstrom, president of the Aurora Police Association, expressed heartbreak for the children involved, questioning the long-term effects of this incident on them and highlighting failures within the judicial system.
Garrigan publicly announced a gender transition in a Facebook post from 2011 and registered as a sex offender that same year after a conviction for non-consensual sexual contact. His social media posts reflect his struggles and aspirations regarding his transition.
In a haunting moment captured on surveillance, Garrigan approached children playing in a field just prior to causing chaos, shouting phrases meant to instill fear. Reports indicate he attempted to grab one child but lost his hold due to stumbling.
After fleeing the scene, officers found Garrigan nearby. His attorney argued that mental competency has been a significant issue for him, with evaluations dating back to 2007 often verifying his incapacity to face charges.
