Peo in Interest of Todd
── Peo in Interest of Todd ──
Court: Colorado Court of Appeals
Date: May 07, 2026
Category: General
26CA0336 Peo in Interest of Todd 05-07-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 26CA0336
Pueblo County District Court No. 26MH30015
Honorable Amiel Markenson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Lucas Dean Todd,
Respondent-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE GOMEZ
Pawar and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced May 7, 2026
Cynthia Mitchell, County Attorney, Kate H. Shafer, Special Assistant County
Attorney, Pueblo, Colorado, for Petitioner-Appellee
Tezak Law, P.C., Mary Tezak, Florence, Colorado, for Respondent-Appellant
¶1 Respondent, Lucas Dean Todd, appeals the district court’s
order authorizing the staff at the Colorado Mental Health Hospital
in Pueblo (the hospital) to involuntarily medicate him. We affirm.
I. Background
¶2 In March 2025, Todd was committed to the department of
human services after being found incompetent to proceed in a
criminal case. The following January, he was admitted to the
hospital and diagnosed with psychosis not otherwise specified. He
presented as guarded, irritable, paranoid, and delusional. In
February, he was placed on emergency medications after a physical
altercation with a peer.
¶3 Shortly thereafter, the People petitioned the district court to
review Todd’s refusal of treatment. The court held an evidentiary
hearing, at which the psychiatrist supervising Todd’s care testified.
The psychiatrist described Todd’s mental health disorder and
accompanying symptoms. He also described the requested
medications — Zyprexa (olanzapine), Depakote (valproic acid), and
Haldol (haloperidol) — and explained their possible side effects.
And he opined that the medications were necessary to treat Todd’s
symptoms.
1
¶4 At the conclusion of the hearing, the district court granted the
petition and issued an order authorizing the involuntary
administration of the requested medications.
II. Applicable Law and Standard of Review
¶5 A district court may order the involuntary administration of
medication if the People prove by clear and convincing evidence that
(1) the patient is incompetent to effectively participate in the
treatment decision; (2) the treatment is necessary to prevent a
significant and likely long-term deterioration in the patient’s mental
health condition or to prevent the likelihood of the patient causing
serious harm to themselves or others at the institution; (3) a less
intrusive treatment alternative is not available; and (4) the patient’s
need for treatment is sufficiently compelling to override any bona
fide and legitimate interest of the patient in refusing treatment.
People v. Medina, 705 P.2d 961, 973 (Colo. 1985).
¶6 When a patient challenges the sufficiency of the evidence
supporting an involuntary medication order, we review the district
court’s legal conclusions de novo and defer to its factual findings if
they have record support. People v. Marquardt, 2016 CO 4, ¶ 8. We
view the evidence as a whole and in the light most favorable to the
2
People as the petitioning party. People in Interest of Uwayezuk,
2023 COA 69, ¶ 57. As the fact finder, the district court determines
the sufficiency, probative effect, and weight of the evidence, along
with the inferences and conclusions to be drawn from it. People in
Interest of R.C., 2019 COA 99M, ¶ 7.
III. Need for Treatment and Legitimate Interest in Refusing
Treatment
¶7 Todd contends that the evidence was insufficient to prove the
fourth Medina element — that his need for the requested
medications is sufficie
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}