A transgender registered sex offender accused of attempting to kidnap a child from an elementary schoolyard will escape prosecution, the New York Post reports.

Solomon Galligan, 33, who is reported to now go by the name Carmen, was charged with one count of attempted kidnapping in relation to an incident in which they allegedly tried to take an 11-year-old boy during recess at Black Forest Hills Elementary School in April 2024, however, was ruled to be mentally incompetent. Galligan underwent a mental competency evaluation after their arrest, which determined that they were unfit to stand trial, with prosecutors claiming there was no choice but to drop the charges despite the suspect chasing after and grabbing the child as other students ran away in video footage.

“Someone could ask that she be put into a more long term, secure facility, but because the criminal case had to be dismissed, that’s not something that we have any control over anymore. And that’s why we find the statute deficient,” said assistant district attorney Ryan Brackley, who prosecuted the case in Colorado's 18th Judicial District, via the New York Post.

“What we would like to avoid in this case … is the tendency for it to be a revolving door through the criminal justice system, into the civil justice system and back to the criminal justice system without any meaningful secure mental health treatment,” he added.

Last month, Republican Aurora City Councilwoman Danielle Jurinsky moved to recall Democrat District Attorney Amy Padden after Padden moved to dismiss the charges against Galligan.

“The conduct of the 18th DA over the past six months is beyond deplorable. This is simply the icing on the cake,” Jurinsky said via the New York Post on July 14.

“The progressive attitude will not be tolerated,” she added. “While certain state laws highlight deeper issues in the state of Colorado, Amy Padden will be recalled for her part in not upholding the laws and punishing criminals.”

Sarah Galligan, the suspect's older sister, had previously told 9News in April that her sibling had been in and out of jail for 12 years and said she believed it wasn't safe for the community or themself to be roaming the streets. Sarah confirmed that her sibling was diagnosed with schizophrenia and bipolar disorder at the age of 16 and previously deemed unfit to stand trial for prior incidents, as well as not being institutionalized due to a shortage of beds in mental health centers.

“It just really sucks he had to do something so eye-catching for everybody to see he’s not well, and he’s not OK to be out and be on his own,” she said in April.

Solomon shared news of their gender transition on Facebook in 2011, later identifying as a woman the same year they were placed on the sex-offender registry and was convicted of non-consent sexual contact.

“So im starting my hormone shots and i relly cant wait im on my hormone pills ive been on them for almost 4 months i wake up all depressed and crying but in the end its gonna be totally worth it you know what io mean im really excited my measurements are already changing and im super thrilled,” they wrote at the time.

Galligan was recently captured on surveillance video approaching students playing in a field during recess, at which point the children scatter and are heard screaming, "Stranger danger!" The suspect allegedly grabbed a boy, but lost grip while tripping on a white blanket he was covering, according to a police report on the incident.

The victim later told police that Galligan had white powder smeared on their face and smelled of alcohol. The suspect fled the scene but was later arrested by police officers at a nearby Walgreens.

Prosecutors for Colorado's 18th Judicial District Attorney's Office said, "We have not yet filed the formal motion to Dismiss" in a statement to the New York Post.

“We have until the end of the month to do so. The defendant is being civilly committed into mental health treatment," the statement reads. "However, we are legally prohibited from discussing the details surrounding his competency beyond saying that he’s been found mentally incompetent to proceed.

“When a defendant is found incompetent to proceed, we are legally obligated to dismiss charges. Our hands are tied based on the findings of competency. However, they are not being released to the public.”

Colorado's Morning News with Marty Lenz & Jeana Gondek