This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Criminal charges were dismissed Tuesday against a Provo man who sparked a shootout with Utah County police officials serving a no-knock search warrant at his apartment in 2012.
Alex Opmanis, 22, was charged in 4th District Court with second-degree felony counts of attempted murder and possession of a controlled substance with intent to distribute in a drug-free zone; as well as third-degree felony illegal possession of a weapon; and misdemeanor possession of drug paraphernalia.
He was accused of opening fire on police who were serving a no-knock warrant for marijuana distribution at his apartment on Nov. 19, 2012.
In December 2013, Opmanis was released from custody after mental health evaluators reported that he was not competent for trial and likely never will be. Though he was released from the Utah State Hospital, prosecutors had asked that the case stay open and that a review hearing be set in January.
On Tuesday, Opmanis' attorney reported to a judge that his client was still not competent and asked for the case to be dismissed.
Opmanis' mother, Deborah Preste, told The Salt Lake Tribune in September 2013 that her son was assaulted when he was 16 years old, and suffered brain damage. He now has the mental capacity of a 10-year-old, she said, and did not belong at the state hospital because he is not mentally ill.
Opmanis had been housed at the Utah State Hospital for nearly 10 months while awaiting trial, and was at the Utah County jail for several months before that.
Utah County Sheriff's authorities allege during service of the no-knock warrant, they announced their presence and used a ram to attempt to open the locked front door of Opmanis' home, according to a probable cause statement. The ram made a hole, but failed to open the door.
When the door didn't open, a second officer started to kick and push the door while continuing to announce the officers' presence, according to court documents.
Opmanis allegedly fired a gun several times through the front door while the officer was kicking it. Police said he admitted to firing four rounds from a .22-caliber revolver at the front door because he thought it was a group of Polynesian males trying to force their way inside.
Officers returned fire, and eventually made their way into the home through a back door. Opmanis told police that when he realized it was police officers at his door, he dropped his gun and surrendered.
No officers were hit, but police say several suffered injuries to their arms and faces when they were struck by BBs from the shots fired or debris from the door.
Preste said her son had loaded the gun with "snake shots," intended to spray BBs, but not fatally injure a person. She said he was fearful because he had been threatened by members of a Polynesian gang who were upset with an acquaintance of Opmanis.
Twitter: @jm_miller