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95-year-old shooting suspect deemed incompetent to stand trial

Okey Payne is accused of killing a maintenance worker at a Lafayette assisted living facility in February.

LAFAYETTE, Colo. — A 95-year-old man charged in connection with a fatal shooting at an assisted living facility in Lafayette has been found incompetent to stand trial, according to the Boulder County District Attorney's Office

Okey Payne is accused of shooting and killing the maintenance director at the Legacy Assisted Living Facility at Lafayette Legacy Assisted Living in early February.

He remains in custody at the state hospital, the district attorney's office said. 

RELATED: Case against 95-year-old assisted living center shooting suspect on hold due to mental competency concerns

Payne's mental health evaluation was originally supposed to take place in late May but was delayed due to the COVID-19 pandemic.

RELATED: COVID concerns delay mental health evaluation for 95-year-old shooting suspect

He was formally charged with one count of first-degree murder and two counts of felony menacing in early May.

Officers with the Lafayette Police Department (LPD) responded to the assisted living facility around 7 a.m. the morning of Feb. 3, 2020 for a report of a shooting. They arrived and found the victim, Ricardo Medina-Rojas, who had been shot in the head. He died later that day, according to police. Payne is also accused of threatening two people who came to aid the victim.

Shortly after the shooting, he was arrested in his room at the facility.

RELATED: 95-year-old suspect in assisted living center shooting formally charged

According to the facility, Medina-Rojas was the maintenance director and had worked there for eight years. They also said he was "truly beloved" by both residents and staff.

Payne had lived at the assisted living center since October 2019. According to an arrest affidavit, Payne told investigators that staff at the center had been stealing from him since that time. He said that an old manager was fired for the theft, according to the affidavit, but that the theft continued afterward.

The theft allegations were investigated by LPD and Adult Protective Services and were "unsubstantiated," the affidavit says.

The district attorney's office said the hospital will now "begin the process of restoring him to competency."

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