DENVER (KDVR) — On Tuesday afternoon, the suspect accused of killing 10 people at the King Soopers off Table Mesa in Boulder will be back in court. 

He is charged with murder and multiple attempted murder counts in the shooting at a crowded King Soopers store on March 22, 2021.

While the shooting happened more than two years ago, a state hospital deemed him mentally competent to stand trial this month. However, in a court filing, prosecutors said hospital staffers believe the suspect’s competency is “tenuous” and recommended that he continue with ongoing psychiatric care and medications to remain competent.

In the wake of the state’s health evaluation, the district attorney’s office said it has filed a motion asking that the court make the judicial finding that he is competent and take action to schedule a preliminary hearing as soon as practicable.

The suspect is expected to be in court at 1:30 p.m. for a status conference. A judge could formally decide if the case can proceed.

The Associated Press contributed to this report.