Rock-Throwing Suspects Plan to Attack Each Other's Credibility During Murder Trials

Nicholas "Mitch" Karol-Chik, Joseph Koenig and Zachary Kwak were allegedly partners in crime. Now, court filings show how they're preparing to "point fingers" at each other in court.

The three teenagers — accused of going on a deadly rock-throwing spree last year that left a twenty-year-old motorist dead in Jefferson County — have successfully pushed to have three separate trials in the coming months.

In their motions for severance, defense attorneys argued that it would be chaotic, confusing for jurors and a risk to the accused if they were tried as co-defendants at the same time. Why? Because they're planning to attack each other's statements and stories in court.

"Each of the co-defendants will attempt to defend against the charges by pointing the finger at the other co-defendants," said Karol-Chik's lawyer, Holly Hummerson, in her client's November 3 motion. "This is especially present for Mr. Koenig and Mr. Kwak, who are accused of throwing the rock that killed the victim. These antagonistic defenses will require each co-defendant to put on evidence that the other people were involved and require each co-defendant to attack the credibility of each other's defense presented."

Karol-Chik, Koenig and Kwak have each been charged with one count of first-degree murder with extreme indifference, six counts of attempted first-degree murder, three counts of second-degree assault and three counts of attempted second-degree assault. Counts of attempted first-degree murder and attempted second-degree assault were also filed against Koenig and Karol-Chik for a separate incident, where they allegedly threw a landscaping statue at a car with a family in it.

During their April 19 spree, the suspects — who were eighteen at the time — reportedly drove around Westminster in a black 2016 Chevy Silverado and attacked at least seven vehicles with large landscaping rocks. Alexa Bartell, the woman they are accused of killing, was fatally wounded by a rock that went through her windshield, sending the vehicle she was driving off the road.

"Alexa’s vehicle was the last of a series of vehicles struck ... in a spree that began shortly after 10 p.m. that night at 100th and Simms," the sheriff's office reported at the time.

After being located and arrested on April 25, Karol-Chik and Kwak waived their Miranda rights and spoke with police about what happened on the night of their alleged road rampage. Kwak claimed it was Koenig who threw the rock that killed Alexa Bartell, after targeting other drivers. Karol-Chik told investigators it was Kwak, but he also used the word "we" repeatedly during his interrogation, and didn't say exactly who he meant.

"During the video-recorded interrogation, Mr. Karol-Chik made self-incriminating statements as well as statements inculpatory to both Mr. Koenig and Mr. Kwak," noted Koenig's attorneys, Martin Stuart and Thomas R. Ward, in their motion to sever. "Mr. Kwak made self-incriminating statements as well as statements inculpatory regarding both Mr. Koenig and Mr. Karol-Chik. Mr. Karol-Chik’s and Mr. Kwak’s out-of-court post-arrest statements are inadmissible as to Mr. Koenig."

Kwak's legal team — Leah U. Maloney and Emily E. Boehme, with Sawyer Legal Group — made similar claims in their motion, also filed on November 3. "In co-defendant Mr. Karol-Chik’s interrogation, he specifically alleges, by name, that it is Mr. Kwak who threw the rock related to the incident that forms the basis for Count One [Bartell's murder], and at various times throughout his interrogation again alleges specifically, by name, that Mr. Kwak was the individual throwing rocks, not him," the lawyers argued.

"Such a statement may or may not be admissible in Mr. Karol-Chik’s trial, but those statements would clearly be prejudicial to Mr. Kwak and are not and should not be admissible in Mr. Kwak’s trial," they said. "Such out-of-court statements constitute inadmissible hearsay."

Echoing a line from Koening's motion, Kwak's attorneys brought up Karol-Chik's ability to exercise his Fifth Amendment right to remain silent and not testify at trial, saying, "Mr. Kwak would be denied the ability to confront and cross-examine him." If Kwak's lawyers were to have no prior opportunities to question Karol-Chik, the admission of his "testimonial out-of-court statements" would violate their client's right to confront and cross-examine witnesses, his team argued. "[Karol-Chik's] statements are inadmissible against their co-defendants during trial if they violate their co-defendants’ right to confront the witnesses against them."

In Karol-Chik's motion, Hummerson said that a joint trial featuring three co-defendants "who will be attacked not only by the prosecution, but by the other two present co-defendants at the same trial" should be reason enough to have three separate trials — and it apparently was.

First Judicial District Judge Christopher Zenisek wrote in a December 14 order that he would be splitting up the cases, siding with the claims made in the motions for severance, especially the "we" issue.

"The evidence presented toward each defendant at trial will most likely be similar, if not identical, other than Karol-Chik's statement," Zenisek said. "And Karol-Chik and Koenig have thus far not articulated a specific antagonistic defense ... However, as noted ... because of Karol-Chik’s interrogation ... it will be extremely difficult for a jury, upon hearing Karol-Chik’s statement to the police, not to consider the statement against Koenig. This will be the case even with an admonitory instruction because it is unrealistic to expect a jury not to exercise common sense and conclude that Karol-Chik describes Koenig as the driver."

Zenisek added, "At the very least, if the jury did not draw that inference, it would be confused as to why an unnamed driver was not charged and is not a witness. Karol-Chik and Koenig’s trials must be severed, as a matter of right and also upon this Court’s discretion."

Karol-Chik, Koenig and Kwak will be prosecuted over a span of two months, according to the Jefferson County District Attorney's Office, with their trials scheduled to begin in June. They're expected to last nine days each, with Karol-Chik's trial beginning with jury selection on June 7, Kwak on June 24 and Koenig on July 19.

Karol-Chik, Koenig and Kwak are all expected to enter not-guilty pleas and will be tried in separate courtrooms following one last appearance together at their arraignment, which was postponed to March 14 during a hearing on January 3.

A source in the DA's office says the arraignment was postponed in order to extend the deadline to accommodate the separate trial dates and still preserve a speedy trial for the three defendants.