State Leaders Put Criminal Rights Ahead of Public Safety

By The Gazette Editorial Board | Commentary, The Gazette

Only days ago, The Gazette editorial board weighed in on how easy it is for dangerous criminal suspects with lengthy records in Colorado to walk free — and never come back — as they supposedly await trial or other court proceedings.

That includes when they are deemed “incompetent” to understand the charges against them — usually, due to presumed mental illness — and at times are released pending psychiatric assessment and treatment to restore their competency.

Even under those circumstances, suspects can wind up going free for good, either because they fail to follow through on outpatient psychiatric care and disappear onto the streets, or, incredibly, they have been found permanently incompetent — and by state law, the charges against them must be dropped.

And it turns out a violent criminal suspect — with a violent past — also can be found incompetent to face charges simply because he’s from another country. Yes, really.

As The Gazette reported Tuesday, Weld County Sheriff Steve Reams says a 2024 state law forced him to release a man who had been charged with attempted murder. Reams said 21-year-old Debisa Ephraim was arrested in April and charged with second-degree attempted murder after an altercation with another man. It was captured on video. The victim suffered a brain injury and spent time in the hospital and rehabilitation.

The defendant was a refugee from Tanzania and had a record of violent behavior, according to authorities. While he was in jail awaiting further proceedings, his defense lawyers asked the court to determine whether he was competent. His defense argued that because he had not received an education and was not from the United States, he did not understand how the U.S. justice system works. The court agreed.

Reams was then required to release Ephraim from custody, thanks to 2024’s House Bill 1034, signed into law by Gov. Jared Polis. It required the court to end a case if the suspect is found incompetent to proceed and unrestorable to competency.

Reams says Ephraim was released last week and is unsure of his whereabouts. Reams has contacted the victim’s family, which is worried Ephraim will reoffend.

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Editor’s note: Opinions expressed in commentary pieces are those of the author and do not necessarily reflect the opinions of the management of the Rocky Mountain Voice, but even so we support the constitutional right of the author to express those opinions.