A Jefferson County courtroom turned into a gut punch for one family after a judge threw out multiple felony sexual assault charges against 71-year-old Robert Dixson, following a finding that he is incompetent to stand trial and "not restorable." The alleged abuse involved a young relative over roughly three years, when the child was between 7 and 10 years old.
The judge noted that Dixson had been evaluated six times and that "hundreds" of restoration efforts had been attempted before a court-appointed doctor diagnosed him with a minor neurocognitive disorder often linked to dementia. Concluding he could not be brought back to competency, the court ordered the charges dismissed. Prosecutors pointed out that Dixson spent most of the case on bond and that the arrest affidavit included an admission to the assaults, according to Denver7.
Why the Charges Were Dropped
The dismissal traces back to a 2024 overhaul of Colorado’s competency rules in House Bill 24-1034, which tells courts they must dismiss criminal cases when a defendant is found incompetent to proceed and not restorable. The law swapped out older language that said judges "may dismiss" for a hard "shall dismiss," tightening judicial discretion when restoration appears unlikely. The full bill language is available through the Colorado General Assembly.
Family Reaction and Prosecutors' Concerns
The victim’s father said he is now left trying to explain the outcome to his child. "What am I going to tell my daughter?" he asked, saying the ruling felt like a betrayal of the family’s trust in the system.
Jefferson County District Attorney Alexis King has been outspoken against the new law, telling reporters, "The reality is that these cases are being dismissed based on what that law says," and arguing the change has tied prosecutors' hands and created public-safety gaps. Denver7 reported on both the family's reaction and King’s criticism.
Legal Implications
Under the revised statute, once a court decides there is not a substantial probability a defendant will be restored to competency in the reasonably foreseeable future, it must dismiss the criminal case. The law also lays out limited civil options, including potential certification for treatment in certain situations.
The statute and related procedural rules spell out how judges are supposed to weigh recent restoration attempts, evaluate civil certification possibilities and consider referrals to court-liaison or community programs. Those details are outlined in the competency provisions summarized at FindLaw.
What’s Next
Supporters of the 2024 changes argue the law better protects defendants' constitutional rights and cleans up the process for handling incompetency cases. Critics counter that lawmakers pushed the policy without fully funding treatment beds and community services that were supposed to support it.
State officials and bill sponsors have signaled that the issue will be back on the table in the upcoming legislative session, as they weigh potential funding boosts and statutory tweaks aimed at balancing restoration efforts, treatment capacity and public safety, according to the Colorado General Assembly.
