Author: elementortmp

GOLDEN, Colo. (May 2, 2025) – Zachary Hiestand Kwak was sentenced to 32 years in the Department of Corrections for his role in a series of rock-throwing attacks on the night of April 19, 2023. Kwak previously pleaded guilty to three charges and agreed to testify in the trial against his co-defendant, Joseph Koenig.  As a result of his plea, he faced a minimum of 20 years and up to 32 years in prison.

On May 10, 2024, Karol-Chik pled guilty to the following charges:

Added Count 14: ASSAULT IN THE FIRST DEGREE- EXTREME INDIFFERENCE – Section 18-3-202(1)(c), C.R.S. (F3) (naming Alexa Bartell)

Added Count 15: ASSAULT IN THE SECOND DEGREE – Section 18-3-203(1)(b), C.R.S. (F4) (naming 3 victims with injuries from 4/19/23)

Added Count 16: CRIMINAL ATTEMPT TO COMMIT ASSAULT IN THE SECOND DEGREE – Section 18-3-203(1)(b);18-2-101, C.R.S. (F5) (naming remaining 3 victims from 4/19/23)

Kwak took the stand during Koenig’s jury trial, telling jurors that he helped gather the rocks used that night and handed them to Karol-Chik and Koenig, but insisted he never threw any himself.

After a two-week trial, jurors found Koenig guilty on all nineteen charges brought against him, including Murder in the First Degree- Extreme Indifference, which carries a mandatory sentence of life in prison without the possibility of parole.

At today’s hearing, when considering the range of 20-32 years, Deputy District Attorney Brynn Chase reminded the court that Kwak had already received a significant benefit by avoiding a murder conviction. She emphasized that when crafting the plea offer, prosecutors had already weighed “the most significant piece of mitigation”—that Kwak’s actions were confined to a single night.

Chase identified “one of the most offensive components of this offense” as Kwak’s decision to take a photograph, as the trio drove back by the site where Alexa’s vehicle left the road. “Only Mr. Kwak knows the purpose of taking that photograph,” she said, noting he had a phone in his hand yet chose not to call for help.

She also stressed the lasting impact of the case, not just on Alexa’s loved ones and the community, but on those who worked it. “The first responders, law enforcement, anyone who touched this case, quite frankly, is unable to forget or let go of the gravity and disturbing nature of this case.”

Family members of Bartell once again addressed the court, one by one, tearfully recounting the impact of Alexa’s death. Many of them also addressed Kwak’s decision to take a photograph and questioned Kwak’s truthfulness about his actions that night.

Jenna Griggs, Alexa’s girlfriend and the person who discovered her in the vehicle after she had been killed, delivered an emotional statement to the court, saying, “I’m more angry today than I’ve been in the past.” She described her ongoing struggle to make sense of Alexa’s death and the pain of knowing that the image which haunts her—one she “pleads with God to erase from [her] mind every night”—is something “he chose to photograph as a fun memory.”

Through tears, Alexa Bartell’s mother, Kelly Bartell, once again spoke of the devastating loss of her daughter. She also addressed the defendants’ actions after Alexa’s death, telling the court, “It’s not just what happened that night, it’s how they behaved afterward that makes this even more unbearable.” She continued, “Not one of them tried to help her. Not one of them showed even the smallest shred of humanity.”

“These men will still get to see their families, speak to them, and be held again, someday,” she said. “I will spend the rest of my life visiting a grave site. I am serving a life sentence of pain.” She urged the judge, “Please strongly consider sentencing to the fullest extent.”

Kwak also provided a statement to the court, stating his decisions that night and in the aftermath are something he must carry for the rest of his life. “I know Ms. Bartell was a million things to a million different people. I can see the full effects of what I’ve done, and I know I cannot change it. All I can do now is say I’m sorry.”

In delivering his sentence, District Court Judge Christopher Zenisek acknowledged he must balance the mitigating and aggravating factors in the case, including Kwak’s mental health diagnosis and his age at the time of the crime, with the overwhelming impact on the community and the brutal nature of Alexa Bartell’s death, describing it as “a sheer disregard for human life.”

Referencing a family member’s earlier statement that “the world needs more people like her,” Zenisek responded, “I don’t think more truer words have been stated in this courtroom.”

The judge also pointed to evidence that contradicted Kwak’s version of events, noting that while he listened closely to Kwak’s testimony and apology, “what I’ve heard a lot of was some pretty carefully choreographed walking of the line between saying you didn’t throw, but accepting minimal pieces of the night of death and destruction.”

Ultimately, Kwak was sentenced to 27 years in the Department of Corrections on Count 14, followed by an additional 5 years on Count 15 to be served consecutively, and 8 years on Count 16, to be served concurrently. Upon release, he will serve 5 years of mandatory parole.

GOLDEN, Colo. (May 1, 2025) – Nicholas James Karol-Chik was sentenced to 45 years in the Department of Corrections for his role in a series of rock-throwing attacks between February 25, 2023, and April 19, 2023. Karol-Chik previously pleaded guilty to two substantive charges and a sentence enhancer and agreed to testify in the trial against his co-defendant, Joseph Koenig.  As a result of his plea, he faced a minimum of 35 years and up to 72 years in prison, upon satisfying its terms.

On May 14, 2024, Karol-Chik pled guilty to the following charges:

 Added Count 16: Murder in the Second Degree – Section 18-3-103(1)(a), C.R.S. (F2) (Naming Alexa Bartell)

 Added Count 17: Criminal Attempt to Commit Murder in the First Degree- Extreme Indifference -Section 18-3-102(1)(d);18-2-101, C.R.S. (F2) (Naming nine victims between 02/25/2023 and 04/19/2023)

Added Count 18: Crime of Violence – Section 18-1.3-406(2)(a)(I)(B), C.R.S. (SE) (Enhancing Count 16)

Karol-Chik was called to testify two times during Koenig’s jury trial, where he recounted multiple occasions on which rocks and other objects were thrown at vehicles and drivers. Karol-Chik testified that he, Koenig, and Kwak were responsible for hitting seven oncoming vehicles on April 19, 2023, injuring three drivers and killing Alexa Bartell. Specifically, Karol-Chik testified he was in the front passenger seat and provided Koenig the 9-pound landscaping rock that Koenig threw at Alexa Bartell, causing her death. 

Karol-Chik also testified to throwing rocks and other objects with Koenig on February 25, 2023, and April 1, 2023.

Last Friday, after a two-week trial, jurors found Koenig guilty on all nineteen charges brought against him, including Murder in the First Degree- Extreme Indifference, which carries a mandatory sentence of life in prison without the possibility of parole.

At today’s sentencing hearing, prosecutors acknowledged that Karol-Chik fulfilled the terms of his plea agreement and provided valuable testimony before the jury. The court also heard that Karol-Chik was distinct among the defendants in expressing genuine emotion and remorse over the death of Alexa Bartell.

However, Deputy District Attorney Brynn Chase argued that Karol-Chik had already received a substantial benefit by avoiding a first-degree murder conviction. She emphasized that his cooperation was accounted for in the plea agreement and should not further mitigate his sentence. Highlighting the senseless, violent pattern of Karol-Chik’s actions—and the fact that the tragedy was entirely preventable—Chase stated, “With the level of seriousness of the offense, there’s just no way to atone for what the three of them did but for a substantial sentence to the Department of Corrections. There’s a sadness attached to that, but it is the measure of justice that is required here.”

Family members of Bartell addressed the court one by one, using the opportunity to speak about Alexa and a life that was so tragically taken. “She was taken from a world that desperately needed people like her,” one family member said. Alexa’s mother, Kelly Bartell, asking for the maximum sentence, told the court, “These three spent the evening laughing, hunting, and looking for destruction.”

Karol-Chik also addressed the court, expressing the “deep regret” for everything that happened. “I will forever have to live with the fact that my desire to impress people that I thought were friends, caused this tragedy,” concluding with, “I hope that one day you can find it in your heart to forgive.”

District Court Judge Christopher Zenisek, noted the “sad and cruel irony” of Alexa’s tattoo that reads, “Love your enemies, do good to those who hate you, bless those who curse you, and pray for those who mistreat you.”, further remarking “the world does desperately need more people like her.”

Regarding Count 16, as enhanced by Count 18, Karol-Chik was sentenced to 45 years in the Department of Corrections. He received a 24-year sentence on Count 17, to be served concurrently with Count 16. The sentence includes mandatory parole terms of five years for Count 16 and three years for Count 17.

GOLDEN, Colo. (March 12, 2025) – District Attorney Alexis King is pleased to announce the launch of a new Proof of Insurance (POI) program which allows individuals who have been charged with driving without insurance to submit a copy of their insurance directly to the District Attorney’s Office through a dedicated online portal. This initiative aims to streamline the process for individuals charged with no proof of insurance, allowing community members to resolve their summons without the need to appear in court, and promoting safer, insured driving while improving the efficiency of our court system.

“We are excited to introduce the Proof of Insurance program as part of our ongoing efforts to utilize data-driven solutions to enhance the administration of justice,” said District Attorney Alexis King. “By leveraging technology, we can reduce the administrative burden on prosecutors and the courts, provide a more convenient option for the community, and reinforce our commitment to community safety and accountability.”

The development of the POI program was driven by data insights from our office’s Data Dashboard. Our data showed that since January 2023, nearly 40% of cases dismissed in County Court were for driving without insurance (a total of 6,334 cases). The analysis indicated that 83% of these dismissals happened because individuals presented proof of insurance; 65% arrived to court with proof in hand, and 18% secured insurance with assistance from our Pathways Safe & Licensed Driver program. This data highlighted the need for a more efficient process to handle these cases.

Key features of the POI program include:

• Online Submission: Individuals can submit their proof of insurance through a secure online portal, eliminating the need for in-person appearance at the courthouse.
• Simplified Process: The program provides clear instructions and an easy-to-use form, ensuring that individuals can quickly submit the required documentation.
• Timely Resolution: By facilitating the submission of proof of insurance online, the Proof of Insurance program aims to expedite the resolution of cases and offer an incentive for uninsured drivers to quickly obtain insurance.

Not everyone will be eligible to have their case dismissed. All submissions will be reviewed for eligibility and verified by our Pathways staff.

For more information about the POI program eligibility and how to submit proof of insurance, please visit the Colorado First Judicial District Attorney’s Office POI webpage: https://firstda.co/resources/proof-of-insurance/.

GOLDEN, Colo. (Feb. 5, 2025) – A Jefferson County jury has found Jeremy Smith not guilty in the shooting death of Adam Fresquez at the Edgewater Public Market in May 2023. After six days of trial, the jury began deliberating just after 3 pm on Tuesday.  

The defendant was ordered released from custody.

Statement from Assistant District Attorney Jennifer Rhoads:

“From the beginning, we believed in this case and were compelled to present the evidence that contradicted the defendant’s self-defense claim. The complexities surrounding self-defense claims are often best addressed by a jury, as it allows the community to uphold justice while evaluating individual actions against shared societal expectations. We thank the jury for their service throughout this important case.” 

GOLDEN, Colo. (Feb. 3, 2025) – Imagine Kay Ewer (DOB: 12-16-1996) was sentenced on Friday to four years in prison, followed by ten years to life on Sex Offender Intensive Supervision Probation, for sexually assaulting a Brady Exploration School student. Ewer worked as a paraprofessional in the special needs classrooms and was the assigned para for the sixteen-year-old victim. In November, Ewer pled guilty to two charges, and the parties agreed to a stipulated four years in prison and an indeterminate probation sentence of at least 10 years, up to lifetime probation.

On November 25, 2024, Ewer pled guilty to the following charges:

Count 2: Contributing to the Delinquency of a Minor in the First Degree (F4)

Stipulated sentence: 4 years in the Department of Corrections

Added Count 6: Sexual Assault on a Child by One in a Position of Trust (F4)

Stipulated indeterminate sentence: 10 years to life Sex Offender Intensive Supervision Probation (SOISP) to run consecutively to count 2

 Counts one, three, four, and five were dismissed pursuant to the guilty plea.

Ewer worked for Jefferson County Public Schools from 2015 to 2023, holding positions as a school nurse, paraprofessional, and teaching assistant. At the time of the offense, she worked at Brady Exploration School in Lakewood from August 2023 to November 2023.

In November 2023, the Lakewood police were called after a teacher at the school reported witnessing inappropriate writing on one of the victim’s class worksheets. The subsequent criminal investigation revealed that Ewer’s “favoritism” towards the child was noticed by staff almost immediately, with evidence of an inappropriate relationship beginning in approximately September 2023. Ultimately, the investigation revealed evidence of frequent sexual encounters, constant digital communication, inclusive of repeated derogatory remarks directed at the victim, and the introduction of drugs, alcohol, and weapons. 

At sentencing on Friday, the mother of the victim addressed the court and talked about the profound emotional toll this had on her family. “The defendant preyed on my son, leading him to believe she genuinely cared for him, all while exploiting him for money and manipulating him into thinking he was “the one,” she stated. “What makes this even more painful is that I trusted the defendant, […] had I known what was truly happening, I would never have allowed her such close access to him.”

Concerning the charge of Contributing to the Delinquency of a Minor in the First Degree, First Judicial District Attorney’s Office Special Victims Prosecutor Brynn Chase offered evidence of how Ewer incorporated substances into the relationship and introduced the child victim to Fentanyl, as well as engaged in prolific communications involving the use of a firearm. In the “thousands upon thousands upon thousands” of text messages, the defendant would repeatedly assert that she wanted the victim to bring a gun to their sexual encounters and even directed the child victim “to bring the gun to school and shoot another faculty member in the leg,” said Chase.

Additionally, Chase told the court there was evidence that this was not the only time Ewer was accused of being unprofessional with students, “some of the issues in her background should have stood out to the school,” she argued. 

Chase emphasized the importance of recognizing the broader impact on the community, noting that unfortunately, this is not an isolated occurrence. “Over the past year, multiple individuals in positions of trust within Jefferson County have been accused and charged with similar offenses. While the school district plays a critical role in addressing and preventing such behavior, the criminal justice system’s ability to offer accountability only comes through collaboration and a common goal of safety.”

Ewer expressed remorse and stated to the court, “I just want to apologize to the victim and the victim’s family. I’m really sorry; this will never happen again.”

District Court Judge Contiguglia stated that while this was Ewer’s first adult felony conviction, her actions were “particularly aggravating.” Noting Ewer’s position of trust, the introduction of drugs, alcohol, and weapons, and that while out on bond in this case, Ewer picked up a drug case in Douglas County.

The court ordered the standard terms and conditions for the Supervision of Adult Sex Offenders and special additional conditions, including a computer-use agreement that allows probation to access her devices while under supervision.

Ewer will become subject to lifetime registration as a sex offender upon her release from prison.

GOLDEN, Colo. (Jan. 22, 2025) – District Attorney Alexis King announced today that Yvonne “Missy” Woods has been charged with 102 counts related to 58 instances of alleged criminal misconduct committed between 2008 and 2023, during her career as a Forensic Laboratory Scientist at the Colorado Bureau of Investigation (CBI). Woods was employed by CBI from January 1994 to November 2023, during which she worked at two laboratory locations in Jefferson County within the First Judicial District.

First Judicial District Attorney’s Office Chief Investigator Wagner submitted a warrant for the arrest of Woods on suspicion of the following charges:

Count 1: Cybercrime, C.R.S. 18-5.5-102(1)(e)(3)(a)(IX) (F2)

Count 2:  Perjury in the First Degree, C.R.S. 18-8-502 (F4)

Counts 3-50: Attempt to Influence a Public Servant, C.R.S. 18-8-306 (F4) (48 Counts)  

Counts 51-102: Forgery, C.R.S. 18-5-102(1)(e) (F5) (52 Counts)

This afternoon, Woods turned herself into the Jefferson County Jail. She is being held on a $50,000 cash only bond. Her first appearance will be Thursday, January 23, 2025, at 10:00am.

Investigation summary:

In September 2023, while working on a project that involved reviewing quantification data in vestibular swabs within historical sexual assault cases, a CBI intern discovered a sample where the male Cycle Threshold (CT) value was noted, but there was no male quantification value listed. The specific sample missing the quantification value was processed by Woods in 2018. After ruling out the possibility of an instrument/quantification kit error, an internal investigation was conducted into Woods DNA workbooks surrounding this timeframe.

CBI management quickly discovered a number of similar discrepancies within Woods workbooks including altering and/or deleting data related to critical parts of the quality control process.

In November 2023, at the request of CBI, the South Dakota Division of Criminal Investigation (SDDCI) launched a criminal investigation into the anomalies/missing data that were discovered.

Following an extensive year-long investigation, on December 23, 2024, the SDDCI submitted its findings to our office. Our office requested additional information from CBI and received the final batch of data on January 15, 2025.

The investigation revealed evidence of instances where Woods altered and deleted quantification values, re-ran entire batches of DNA multiple times without any documentation and concealed possible contamination. Additionally, the affidavit alleges that in over 30 sexual assault cases, Woods deleted specific values in samples and submitted reports to agencies that reflected, “No Male DNA Found,” when in fact small amounts of male DNA were present and/or possible contamination was present and additional troubleshooting and retesting was required.

Through the end of 2024, the CBI estimated that the fiscal costs due to Woods’ alleged misconduct was $11,071,486.

Fraudulent reports were received by current and former law enforcement officers from the following agencies:

Adams County Sheriff’s Office, Arapahoe County Sheriff’s Office, Arvada Police, Aurora Police, Boulder County Sheriff’s Office, Broomfield Police, Colorado Springs Police, Colorado State Patrol, Denver Police, El Paso County Sheriff’s Office, Fort Collins Police, Fraser/Winter Park Police, Fremont County Sheriff’s Office, Greeley Police, Lafayette Police, Lakewood Police, Larimer County Sheriff’s Office, Longmont Police, Loveland Police, Pueblo Police, Rocky Mountain National Park Rangers, Thornton Police, University of Colorado Boulder Police Department, and Westminster Police.

Statement from District Attorney Alexis King:

“We want to thank the South Dakota Division of Criminal Investigation for their diligence in conducting a complex investigation. Based on the available facts and after careful legal analysis, we have filed charges and will now proceed with a criminal prosecution. My office remains committed to reviewing all affected cases within our jurisdiction on behalf of the defendants and victims involved.”

A copy of the arrest affidavit will be provided by this office upon request. The criminal case number is 25CR136.

The charges are merely legal allegations, and Ms. Woods is presumed innocent of the charges against her unless and until she is proven guilty beyond a reasonable doubt.