Shocking Loophole Lets KIDNAPPER Avoid Justice

Handcuffed person in orange jumpsuit being escorted

A convicted sex offender accused of trying to kidnap an 11-year-old from a Colorado elementary school will not face trial—because authorities say he’s “incompetent to stand”—and he’ll be shifted to a mental health facility instead of prison, leaving parents and community members furious over a system that appears to protect offenders over kids.

At a Glance

  • Registered sex offender Solomon Galligan found incompetent to stand trial after alleged kidnapping attempt at Black Forest Hills Elementary.
  • All criminal charges dismissed under Colorado law; Galligan to be civilly committed for mental health treatment, not released to the public.
  • Parents and community outraged at perceived lack of accountability and transparency from school officials and the justice system.
  • Case reignites debate over Colorado’s laws on incompetence, civil commitment, and school safety following principal’s removal and increased security.

Sex Offender Dodges Trial After Attempted School Abduction

Solomon Galligan, a 33-year-old registered sex offender, was arrested in April 2024 after allegedly storming the playground at Black Forest Hills Elementary School in Aurora, Colorado, and trying to snatch an 11-year-old boy during recess. Surveillance footage showed Galligan lunging at children, sparking chaos as kids fled for safety. He was apprehended shortly after and charged with attempted kidnapping and child abuse.

Parents were left reeling, not just from the terror of the event, but from what followed: Galligan underwent a court-ordered mental competency evaluation and was ruled “incompetent to stand trial.” Under a 2023 change to Colorado law, if a defendant is found incompetent and not restorable, charges must be dismissed and the individual is shifted to civil commitment for mental health care. The 18th Judicial District Attorney’s Office confirmed that Galligan will not be released to the public, but many in the community find little comfort in a system that appears to sidestep justice for the sake of bureaucracy.

Outrage in the Community and School District Fallout

The fallout was immediate. The Cherry Creek School District, which oversees Black Forest Hills, faced a torrent of criticism from parents who accused officials of bungling their crisis response and failing to communicate promptly. The district responded by increasing security and launching a review of its own protocols. The principal of Black Forest Hills, Amanda Replogle, was replaced following an internal investigation—an action some parents saw as a belated acknowledgment that the system failed to protect their children when it mattered most.

For the family of the targeted 11-year-old, the outcome delivers cold comfort. They’ve spoken out about their fear and frustration, questioning how someone with Galligan’s record—a prior conviction for nonconsensual sexual contact and another for failing to register as a sex offender—could get so close to children. The district’s assurance that “lessons have been learned” rings hollow for families who expect accountability, not just administrative shuffles.

Legal Loopholes and Public Safety Concerns

The case has highlighted glaring problems with Colorado’s approach to criminal incompetence and civil commitment. Under the current system, individuals found incompetent to stand trial can have all charges dropped, transferring responsibility from the criminal courts to the mental health bureaucracy. Legal experts point out this is intended to protect due process rights for the accused—but when a violent or high-profile offense is involved, the public’s faith in the justice system is shaken.

Prosecutors have stressed that Galligan will not be set free, but will be held for involuntary mental health treatment. Yet, there is widespread skepticism about whether civil commitment provides the same level of security as a prison sentence would for a repeat offender. Critics warn that indefinite commitment without regular judicial review raises civil liberties concerns, while victims’ advocates argue that the safety of children and the community should come first. The controversy is reigniting calls for legislative reform to close the loopholes that let people like Galligan slip through the cracks after terrifying a community.

Broader Implications for School Safety and Law Reform

The attempted abduction and its aftermath have sent shockwaves beyond Aurora. School districts across Colorado are now reviewing their own protocols, and parents everywhere are asking tough questions about how registered sex offenders are monitored and how schools respond to crises. The economic impact is real: districts are shelling out for new security measures, while administrative shakeups create turmoil and distraction from education itself.

Socially, trust has taken a hit. Parents feel left out of the loop, and transparency from both the school district and law enforcement has come under fire. Politically, the case has become a flashpoint in a much larger debate about balancing the rights of the mentally ill with public safety. Lawmakers are facing mounting pressure to revisit the 2023 revisions to Colorado’s criminal competency laws, with some arguing for tougher, more flexible civil commitments in cases involving a demonstrated threat to children.

Sources:

KOMO News

iHeartRadio News

CBS News Colorado

Denver7 Investigates