JEFFERSON COUNTY, Colo. — A judge ordered a mental health evaluation Tuesday for the final suspect charged in the killing of a woman who died when a rock was thrown through her windshield as she drove near Rocky Flats National Wildlife Refuge in 2023.
Jefferson County District Judge Christopher Zenisek concluded that Joseph Koenig needed to be examined by doctors after his lawyers served notice in a June 27 motion that they intended to rely on a “mental condition” defense.
Specifically, they pointed to a doctor’s conclusion that Koenig has attention deficit hyperactivity disorder (ADHD) and said they also wanted to present testimony about adolescent brain development.
Alexa Bartell, 20, was killed on April 19, 2023. At the time, she was on the phone with a friend, and the line went silent. Her friend tracked down her phone and drove to the location to find Bartell dead inside her car, which was off the roadway in a field.
"It’s extraordinarily unusual for a defense attorney to attempt to raise such things as ADHD or adolescent brain development," said Scott Robinson, a 9NEWS legal analyst.
That's because Koenig's lawyers have not offered an insanity defense - and have not asserted that he is not competent to stand trial.
"The question is not whether he understood right or wrong at the time of the event or whether he's capable of assisting in his defense – that's competency," Robinson said. "But rather, it's an attempt to bring in evidence about two aspects of adolescent living that may or may not ever be permitted to be put on before the jury."
Several days after Bartell's death police arrested Nicholas Karol-Chik, Zachary Kwak and Koenig - all 18 at the time - and prosecutors charged them with killing her.
Koenig appeared in court Tuesday morning, where it was revealed that his defense team filed a notice on June 27 indicating their intent to introduce evidence of "mental condition" at his upcoming trial.
According to the notice, Koenig's defense team consulted with an expert on Colorado's extreme indifference law and afterward felt it was "essential" to present evidence of adolescent brain development at his trial through testimony from an expert witness. As part of the notice, they argued that research shows that the underdeveloped brain functions recognized in adolescents under the age of 18 are "equally" present in those between 18 and 21 years old.
The notice specifically mentioned the following "critical characteristics":
- Increased vulnerability and susceptibility to negative influences and outside pressures;
- Immaturity;
- A failure to appreciate risk;
- A lack of control over their immediate surroundings;
- Recklessness, impulsivity and shortsighted decision-making when emotionally aroused.
The defense argued that understanding those characteristics is key for jurors to determine whether prosecutors can prove Koenig was aware his conduct created a grave risk of death, which they argue is an essential element of 10 of the 19 counts he faces. They also noted that Koenig has ADHD.
Typically that type of issue is brought forward sooner and that is part of the reason that prosecutors objected to the idea. They suggested the notice was "untimely and unjustified" with only 22 days left before his trial was to begin.
Ultimately Judge Zenisek ruled the defense motion could be "relevant and permissible" and ordered Koenig's evaluation. As part of his ruling, he noted that not allowing the defense at this point could result in a likely appeal and possible retrial.
"It's better to do it right the first time," Judge Zenisek said at the hearing.
He ordered that Koenig undergo a mental health evaluation which will be done at a facility chosen by the Colorado Mental Health Institute at Pueblo.
Once that is done, the judge will issue a ruling on whether the defense can present that testimony to the jury.
Koenig's trial dates were vacated due to the mental health evaluation.
New dates won't be set until after the court receives the results. According to court testimony on Tuesday, it could be eight weeks to several months before an evaluation is even done due to backlogs.
Each of the three suspects was initially charged with first-degree murder, but Kwak and Karol-Chick have pleaded guilty to lesser charges and testify in Koenig's trial.
Karol-Chik pleaded guilty in May to second-degree murder, attempted first-degree murder, and a crime of violence sentence enhancer. His bond was revoked and all other counts were dismissed. Kwak pleaded guilty earlier to first-degree assault, second-degree assault, and attempted second-degree assault. Thirteen counts were dismissed and Kwak's bond was revoked.
Both were set to be sentenced in September, after the trial of Koenig, because they were required to cooperate with that prosecution as a condition of their pleas.
It's possible their sentencing hearings will be pushed back.
Koenig is still facing a first-degree murder charge and additional counts related to other incidents that prosecutors allege he was involved in prior to Bartell's death.
RELATED: 1 defendant in deadly rock-throwing case faces more charges for incidents that happened months prior
Koenig is now set to appear in court in late August for a review hearing.
SUGGESTED VIDEOS: Investigations & Crime