Justin Bannan is expected to enter a plea of not guilty by reason of insanity in his Boulder shooting case, attorneys said Friday.
Bannan, 41, is charged with attempted first-degree murder after deliberation, attempted first-degree murder — extreme indifference, first-degree assault causing serious bodily injury with a deadly weapon, first-degree assault — extreme indifference, possession of a weapon on school grounds and four crimes of violence sentence enhancers.
During an arraignment hearing Friday, defense attorney Harvey Steinberg said Bannan planned on entering a not guilty by reason of insanity plea. Steinberg has previously alluded to Bannan’s football career and the possibility of chronic traumatic encephalopathy.
However, Steinberg said he did not want to enter the plea just yet because Bannan would be taken into custody to await evaluation should he enter such a plea. Steinberg said given the coronavirus pandemic, he was concerned Bannan would wind up waiting in custody for an evaluation.
“I’m not sure anybody will even see him,” Steinberg said.
But Chief Trial Deputy District Attorney Adrian Van Nice objected to any delays, noting that she requested at Bannan’s last hearing in late 2019 that he be ready to enter a plea.
Van Nice said she was “sympathetic to the fact that there is a current COVID crisis,” but said “the people believe it is important that this case move forward.”
Boulder District Judge Andrew Hartman agreed with Van Nice’s concerns and said he was “distressed” by the delay, but did grant a short continuance, setting the case for arraignment on Aug. 6.
“I don’t want to have Mr. Bannan claim at a later date he did not have proper communication or proper counsel,” Hartman said.
Bannan, who appeared for the hearing remotely, for now will remain out on $500,000 bond.
According to police, Bannan used a handgun to shoot a 36-year-old woman in the arm on Oct. 16 at Black Lab Sports, 3550 Frontier Ave. The woman was taken to Boulder Community Health’s Foothills Hospital with injuries that were not life-threatening.
According to an affidavit, the woman was unlocking her therapy room in the building when Bannan, who was already in the room, instantly shot her in the shoulder while she was standing in the doorway.
The woman said she knew Bannan, but only because he was part-owner of the building and she would occasionally see him pass in the hallway. Bannan is listed as the co-founder of Black Lab Sports, but the woman worked for a company called Element 6 that operates inside the same building but is not a part of Black Lab Sports.
When police found Bannan at the scene, he was carrying a bag containing two loaded handguns, along with an extra magazine. They also found a rolled-up $20 bill coated with a white substance that tested positive for cocaine.
Bannan told police he “didn’t mean to shoot her,” and that he was just hiding in the room because the Russian mafia was after him and tracking his cellphone. He said he only fired the gun once and that it was an “accident.”
Bannan played for the CU Buffs from 1997 to 2001 before being drafted by the Buffalo Bills in 2002. He spent 11 years in the NFL, including two stints with the Denver Broncos.
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