Colorado Attorney General Phil Weiser says Boulder attack is ‘personal to me’

Colorado Attorney General Phil Weiser said one of the victims in Sunday’s attack on the Pearl Street Mall in Boulder is a Holocaust survivor.

“That's personal to me because my grandparents and mom are Holocaust survivors who came to America for safety and security as refugees,” Weiser told Colorado Matters host Ryan Warner on Monday. That's the promise of America – that promise was broken on Sunday in Boulder.”

 Eight people were injured after a man threw incendiary devices at people participating in a walk and vigil for Israeli hostages being held by Hamas. Weiser said charges have been filed in Boulder County against the suspect in the attack,  Mohamed Sabry Soliman, but he added that special circumstances, including the age of some of the victims, could lead to enhanced charges.

“You could see both federal and state charges that could be involved here,” Weiser said. “The seriousness of this crime is obvious to anyone who's watched the pictures and I have every confidence the Boulder district attorney and the Department of Justice are taking this very seriously and will be able to hold the perpetrator accountable.”

At one point, Weiser compared Sunday’s violence to the 2021 shooting at a King Soopers store in Boulder that left 10 dead.

“This reminds me of conversations we had after (the shooting),” Weiser said. “Did people know anything about the perpetrator's plans and what, if anything, could have been done to prevent the attack? When people talk about their thoughts, their ideas about an attack like this, we got to take that seriously.

“We got to make sure we do all we can to prevent such tragedies.”

This interview has been edited for length and clarity

Ryan Warner: What are you certain of as we speak this morning? And what are your biggest questions?

Phil Weiser: What I am certain of is that law enforcement has apprehended this suspect who's engaged in what has every mark of a premeditated hate crime. As Tara described, this was a peaceful march of Jews from the Jewish community who were acting to call out the injustice and inhumane treatment of hostages still in Gaza, coming up this fall, two years after they were taken October 7, 2023. That means that the perpetrator knew who he was going after and he engaged in what has every mark of a hate crime, that he had planned to harm people, potentially even killing people. We're praying that no one is going to die. There's someone in critical condition that we've heard about. We've heard that one of the individuals is a Holocaust survivor. I also like Tara, know a number of the individuals who were there and it's a lot to take in.

In terms of questions, we're going to learn a lot more about the perpetrator and one of the questions that is always weighing heavily on us, this reminds me of conversations we had after the Boulder King Soopers shooting is did people know anything about perpetrators plans and what, if anything could have been done to prevent the attack? When people talk about their thoughts, their ideas about an attack like this, we've got to take that seriously, we've got to make sure we do all we can to prevent such tragedies.

Warner: Do you know yet what 45-year-old Mohamed Sabry Soliman of El Paso County, what he's been charged with specifically?

Weiser: The Boulder District Attorney has released a set of charges that are wide-ranging. Given the number of people affected, there are a number of possible charges, including not only potential enhancements for a hate crime, they're potential enhancements for going after those who are older Coloradans. We have another angle here, which the U.S. Attorney's Office has been investigating; you could see both federal and state charges that could be involved here. The seriousness of this crime is obvious to anyone who's watched the pictures and I have every confidence the Boulder District Attorney and the Department of Justice are taking this very seriously and will be able to hold the perpetrator accountable.

Warner: I just want to take a moment to highlight something you said a moment ago. One of the victims is a Holocaust survivor. That's something you've learned?

Weiser: Yes. Yes. It is a lot to behold because, as you noted, very aptly at the outset, anti-Semitic attacks, hate crimes based on one's religion, have been rising over the last several years. That's even before October 7. We've seen, as Tara Winer noted, an increase of anti-Semitism and what we really need is clarity that you can never justify hate, you can never justify politically motivated violence. The way we settle differences is through the democratic process, through dialogue. George Washington wrote a letter to Rhode Island Synagogue that talked about, "America is a nation where bigotry has no sanction and everyone can sit safely under their own vine and fig tree."

That's personal to me because my grandparents and mom are Holocaust survivors who came to America for safety and security as refugees, and that's the promise of America. That promise was broken on Sunday in Boulder. That's something that's shaken a lot of us. We've all got to commit to protecting one another and making clear that hate against any group needs to be treated as hate against all groups. This is how I felt after the Club Q attack. This is how we have to respond during these moments.

Hart Van Denburg/CPR News

Warner: I have heard you use the term hate crime, the FBI saying terrorism. Can you parse those terms out for me? Are they relevant legally here?

Weiser: In Colorado, we have a punishment enhancement for when crimes are committed with what the law calls animus, which means you're attacking somebody based on who they are. So if you attack someone because of their race or ethnicity, their religion, their sexual orientation, that is something the law takes very seriously. Colorado doesn't have specific laws on terrorism. There are federal statutes that can address potential terrorist activities, and I think part of what you may be hearing, the difference between the federal and the state systems is as a matter of Colorado law, we have crimes that I think you're going to hear about here. Obviously attempted murder using a device like this, and I mentioned the issue about possible hate crimes. As a matter of federal law, terrorism tends to be viewed a little bit differently. I'm not clear whether that's going to come into play here or not.

Warner: There is a sentiment in Jewish circles that this was almost inevitable. It was only a matter of time before something like this happened or happened again, considering the killing of Israeli embassy employees in Washington last month. Just to read this statement from the Rose Community Foundation. "For so many in our Jewish community, it has not been a question of if, but when. Today was sadly the day we hoped would never happen here or anywhere." Does that resonate with you as a law enforcement officer? Does that resonate with you as a Jewish person?

Weiser: It does. The point that it brings home, when you hear about statistics, whether it's school shootings or anti-Semitic hate crimes, those statistics reflect a reality and those of us who were affected by the Boulder King Soopers shooting, it was different when it's your community. Some of the same people affected by that shooting are affected by this attack on the Pearl Street Mall. These are places that have felt safe to us as Jews, as Coloradans, as people who love Boulder, and now we have to struggle with this sense of vulnerability, this sense that we've come under attack because who we are, and that's something that is both known as anyone who looks at the statistics, but also now that we've experienced it takes on a whole other dimension and the hard work that we all have to do is not to let fear, not to let intimidation, not to let hate win.

That's something we, as all Coloradans, can do, and part of what's so important is the outpouring of support for the Jewish community from other groups who are doubling down on that proposition that we've got your back. We call out and condemn such actions. It's going to be hard for people who are on this march to continue. We all have to continue to be vigilant in this important work of standing up for what's right and what's right about America.”