Kidnapping charges dismissed against man who swiped child from park, deemed mentally unfit

Galligan, 34, was arrested in April 2024 after Aurora Police said he tried to grab a boy on the playground of Black Forest Hills Elementary School. His defense lawyers requested dismissal, citing ongoing competency issues that have plagued his cases since 2007, per 9 News. A judge agreed to dismiss the charges under a statute requiring courts to drop cases if a defendant is deemed incompetent and unlikely to regain competency.

Assistant District Attorney Ryan Brackley called the case unusual and troubling. “This was a very rare case where someone was so mentally ill and found to be incompetent to the point where the medical health professionals said they could not be restored to competence,” he said after the hearing. “Under the operation of the law the court had no choice but to dismiss this case.”

Court records show this is at least the fourth time since 2018 that felony charges against Galligan have been dropped on competency grounds. A June 2025 evaluation by Dr. Gregory Singleton concluded Galligan is “not competent to proceed due to a mental and developmental disability” and “not restorable within the foreseeable future due to chronic disorders.” Galligan’s family has said he was diagnosed with schizophrenia and bipolar disorder at age 16.

Both prosecution and defense criticized Colorado’s current laws. “We both pointed out deficiencies in the statute,” Brackley said. “We both pointed out that the statute is insufficient to protect the public and there needs to be change.”

Following dismissal, Galligan was placed under a civil commitment allowing up to 90 days of involuntary treatment, the maximum allowed by Colorado law. After that, medical professionals decide his fate. Brackley warned that this creates a gap where courts lose oversight. “Victims lose the right or the opportunity to be notified when someone’s commitment is over,” he said, according to 9News.

Galligan’s attorney acknowledged the broken system, saying in court, “We recognize that there is a broken system in the state of Colorado.”

The courtroom was filled with victims’ families who voiced frustration about the legal process. Dante White, whose son was present during the incident, expressed concern about the system’s failures. “The system is the system. We can't go back and change the past, but what we can do is help dictate what the future is going to look like,” White said. He pledged to work with lawmakers to close the legal gaps. “I think that if we don't effectively push forward with change, it's going to get much, much worse.”

Prosecutors confirmed they are engaging with state legislators to pursue reforms. “Everybody walked out of that door saying the law needs to change,” Brackley said.