Bradley Davis
Editor’s note: This article contains an emotional recounting of the crime from the victim’s family. Reader discretion is advised.
COLORADO SPRINGS, Colo. (KRDO) – After over a month of delayed court action, Joel Lang has been released from jail as a free man Friday afternoon after admitting to killing Kristy Kerst with his car last November.
Before dismissing the case, the El Paso County judge turned to the family of Kerst and said, “It is not my place to criticize the legislator,” before apologizing to the family for the pain this ruling would cause. He then turned to Lang and clarified that he wasn’t discrediting Lang’s defense.
“I will never forget hearing her scream as he hit (my mom),” Kerst’s daughter Britany Visage said. “I ran around the back side of the vehicle, and I was trying to open the passenger side door and I was begging them to stop, and I saw my mom trapped under the van. I ran alongside the van as long as I could until I had to let go, and I fell.”
Visage continues, “I ran back to where my mom was initially struck, and people were running at me from every direction. For a second, I thought maybe my mom was okay and that bystanders might have taken her into the McDonald’s, but then I realized, everybody was looking behind me, and my mom’s body was 350 feet down the road.”
In June, the judge dismissed all charges against Lang after two doctors evaluated him as too incompetent to stand trial, and “his competency could not be restored.”
“What kind of justice system is this? It’s a joke,” said Katie Gibbons, who was a bystander and rushed in to help Kerst after Lang ran her over in November. “You don’t give someone who’s mentally incompetent a driver’s license, and if you do, and they do something like this, someone needs to pay the price.”
“How do you know what to do in the car? How do you know what green means? How do you know what red means? How do you know the signs?” Kerst’s daughter, Hanna Kerst, said.
Under Colorado’s current competency laws, that diagnosis requires a judge to dismiss all charges, regardless of the level of offense, according to the district attorney’s office of Michael J. Allen.
“One of the doctors asked him, ‘What does being incompetent mean?’ His response was that ‘this problem all goes away,’ and in my soul, I feel like this is not a problem to go away,” Visage said.
Criminal Defense Attorney Jeremy Loew told KRDO13 the legal requirement to dismiss all charges in a case like Lang’s takes all power away from the judge to pass judgment. This is why Lang cannot be forced to stay in a mental health hospital, despite being ruled incompetent.
Lang’s case is not the only one bringing scrutiny down on Colorado’s incompetency laws.
Other cases with similar threads
In a different case, Arapahoe County said it plans to drop charges against an Aurora man, Solomon Galligan, after he tried to kidnap an 11-year-old boy. It’s the fourth time since 2018 that he’s had charges dropped because of incompetence.
The Arapahoe County District Attorney’s office tells KRDO13 they will not release Galligan to the public, but only because he consented to be placed in inpatient care. The District Attorney said his agreement was key in keeping him off the streets.
The judge in Lang’s case delayed court action (called a “stay”) until today’s review setting so the court liaison could arrange mental health services to help Lang’s transition. In court, he removed the stay and officially dismissed the case.
In the courtroom, the judge said he could not enforce any treatment plans because of the case’s dismissal. The court liaison said she would help Lang with a 90-day “treatment assistant plan” to get him the help he needs. The judge approved, but reiterated he could not enforce the action.
KRDO13 was not able to confirm whether Lang will get to keep his driver’s license. Loew told KRDO13 that the decision is up to the DMV.
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