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BOULDER, Colo. (KDVR) — An attorney representing the man accused of killing 10 people at a King Soopers in Boulder is raising questions about her client’s competency.

The attorney’s motion to raise the question of competency remains under seal, but FOX31 has learned it was filed on Wednesday, Sept. 1.

This is generally the first step toward getting a mental evaluation for the suspect, and the outcome could determine if he is able to stand trial.

The suspect is facing a total of 10 first-degree murder charges, 15 first-degree attempted murder charges, and 11 first-degree attempted murder charges of persons who are law enforcement

A hearing on the request will take place Tuesday, Sept. 7, at 9 a.m.

FOX31 has a page dedicated to the Boulder King Soopers tragedy that includes background on the victims as well as information about the investigation and the suspect’s upcoming trial.