DA’s Office declines to press charges after reviewing October 8 police officer shooting

Michael Logerwell

COLORADO SPRINGS, Colo. (KRDO) – On October 8, 2024, a Colorado Springs police officer fired four shots at Matthew Kemper, killing him. Today, the District Attorney’s Office announced it will not be filing charges against the officer who fired the shots.

PREVIOUS COVERAGE: Police release body cam footage in deadly Oct. shooting in northeast Colorado Springs

District Attorney Michael Allen ruled the use of force in this incident was justified, citing two Colorado laws specifically.

DAO Release 2025_11 OCT 8 OISDownload

CRS 18-1-707 states that a peace officer may use physical force to prevent serious bodily injury or death to the peace officer or another person.

CRS 18-1-707 (4.5), this law states a peace officer is justified in using deadly force if they believe they or another person is in immediate danger.

In this case, officers say Kemper charged at the officers with a knife after previously threatening to assault his roommate.

Another aspect of this shooting, Kemper’s roommate told the dispatcher Kemper was making suicidal threats and harming himself that night.

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The Colorado Springs Switchbacks pick up a win against Lexington SC

Rob Namnoum

The Colorado Springs Switchbacks kicked off August in style as they beat Lexington SC 3-1 on Friday night at Weidner Field. Switchbacks captain Matt Mahoney scored two goals in the match.

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Man, found incompetent after admitting to dragging woman to her death, released from jail

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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One person in custody, another still on the run after evading ICE in Black Forest area

Celeste Springer

EL PASO COUNTY, Colo. (KRDO) — U.S. Immigration and Customs Enforcement (ICE) confirms that one person was taken into custody Thursday afternoon, but another person is still on the run, after both evaded ICE agents.

Agents were conducting an operation when the two, who ICE says are living in the U.S. without proper documentation, allegedly tried to ram agents with their car, ICE said.

ICE said one of their agents in turn, fired three shots at their car. The two people inside got away, later abandoned the car, and ran off, ICE said.

ICE says they now have Francisco Zapata-Pacheco in custody. A search for Colorado court records of his name did not reveal any previous criminal charges in the state.

Francisco Zapata-Pacheco, in custody (Source: ICE)

They are still looking for Jose Mendez-Chavez. ICE says he has a conviction for child abuse and domestic violence.

“He knows he’s not supposed to be here, since we’ve removed him six times previously,” said an ICE spokesperson.

Photo of Jose Mendez-Chavez, which ICE says is from an arrest in 2020 (Source: ICE)

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Multiple people shot at Montana business, suspect on the run, law enforcement officials say

Celeste Springer

ANACONDA, Mont. (KRDO) — The Bureau of Alcohol, Tobacco, Firearms, and Explosives confirms that multiple people have been shot at a business in Anaconda, Montana.

The Anaconda-Deer Lodge County Law Enforcement Center says that the suspect, Michael Paul Brown, is still on the run. The Granite County Sheriff’s Office says that the suspect’s house was cleared by SWAT teams. As of the time of this publication, the sheriff’s office has not disclosed the name of the business where people were shot.

Michael Paul Brown (Source: Anaconda-Deer Lodge County Law Enforcement Center)

Montana Governor Greg Gianforte posted on X, saying he is “closely monitoring the situation.”

This is a breaking news situation, but this article may be updated.

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El Paso County Sheriff’s Office seeking information in teen’s murder cold case

Celeste Springer

EL PASO COUNTY, Colo. (KRDO) — The El Paso County Sheriff’s Office (EPSO) says they are seeking information in hopes of solving the 1988 murder of a teen girl.

The sheriff’s office says the body of 17-year-old Towana Lewis was found in an irrigation ditch near Goldfield Drive and the Big Johnson Reservoir on Sunday, Sept. 11, 1988. The location is near the Widefield area of unincorporated El Paso County.

17-year-old Towana Lewis (Photo: EPSO)

EPSO says that based on her autopsy, she died from strangulation.

Lewis was last seen alive either a day before or two days before her death. She was known to spend time at Prospect Lake Park, and was reportedly seen there days before she died.

“Even seemingly minor details could help bring closure to this decades-old case,” read a press release from the sheriff’s office.

The sheriff’s office says they are particularly interested in speaking with anyone who knew former Fort Carson soldier Sergeant Darwyn H. Jones. He is deceased now, but the sheriff’s office says he knew Lewis and may have shared information about her activities before her death.

Sergeant Darwyn H. Jones (Photo: EPSO)

According to EPSO, Sgt. Jones was a tank turret mechanic assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Infantry Regiment at the time of her death. He served there from February 1986 through July 1989.

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ICE: Shots fired after two people allegedly attempt to hit agent with car; suspects on the run

Celeste Springer

Editor’s note: KRDO13’s live stream of the scene has ended.

EL PASO COUNTY, Colo. (KRDO) — A spokesperson with U.S. Immigration and Customs Enforcement (ICE) confirms that an agent shot into a car as two people, who they say are living in the country illegally, allegedly attempted to ram the agent with their car.

According to ICE, the agent fired three shots into the car. ICE says the two people got away and later abandoned the car. The two people are still on the run, ICE says.

No injuries have been reported, according to ICE.

“ICE officers are facing an 830% increase in assaults. Lies and violent rhetoric incites hostility against the brave men and women of ICE who put their lives on the line every day to protect American communities, as we witnessed in Colorado today,” said a spokesperson with ICE.

Earlier on Thursday, the El Paso County Sheriff’s Office (EPSO) issued a shelter-in-place order for the area of the 9900 block of Burgess Road. The order extended for a quarter-mile radius nearby.

The shelter-in-place was lifted Thursday evening.

The sheriff’s office says they are assisting Homeland Security and the FBI with an investigation.

A few minutes down the road, the El Paso County Sheriff’s Office says there was another related scene near Vollmer and Poco Roads. The scene is in a new home construction area, a neighborhood called Timber Ridge.

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Disappearing sidewalk brings longtime frustration to neighborhood just northwest of downtown Colorado Springs

Scott Harrison

COLORADO SPRINGS, Colo. (KRDO) — The Road Warrior has occasionally reported on complaints from viewers about cracked or damaged sidewalks taking a long time to be repaired.

However, on a high point overlooking the downtown skyline, it’s a vanishing sidewalk segment that has homeowners concerned.

The problem area is on a bend at the intersection of North Chestnut and North Tower streets, several blocks northwest of Interstate 25.

Neighbors say that for years, a downhill sidewalk segment has gradually eroded away to nothing more than a dirt trail.

Cones and a “sidewalk closed” sign have been placed at the top of the hill; trees along the missing sidewalk can make it hard for a pedestrian to see.

Erich Haubrich, a homeowner just up the block from the missing sidewalk segment, contacted The Road Warrior about the problem, citing safety concerns.

“I personally haven’t made a report to the city, but I know that reports have been made,” he said. “The city’s been out here for compliance for another neighbor. They walked over in March and were in this position, so they could very clearly see that there was damage. People who walk through here have to get into the street to avoid the damage. With the sharp bend in the street, traffic may not see them.”

The sidewalk isn’t the only issue.

Along the bend at the intersection, the street slopes downhill and has developed large cracks, erosion, and several large potholes.

Concrete gutters are crumbling along the street, as well.

As The Road Warrior reported last year, city public works crews faced a backlog of more than 6,000 requests for sidewalk repairs.

Haubrich said that he’s not interested in a city program that moves repair requests up on the priority list if homeowners pay half the cost.

“We can’t do new things, bring new things into the community, until we’re taking care of the roads and sidewalks that all of the citizens depend on,” he explained. “We pay a lot in property tax. We expect to get something back for that.”

Until more funding becomes available for repairs, citizens should make sure they are reporting damaged sidewalks, then be patient and hope repairs happen relatively soon.

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Moldy foods and lack of handwashing contribute to failed health inspection

Bart Bedsole

Bigger isn’t always better when it comes to food safety, as evidenced by health inspections on opposite ends of the spectrum for two popular Mexican food restaurants in El Paso County. 

LOW SCORES 

On July 24, a health inspector found 18 violations at the 3 Margaritas Family Mexican Restaurant in Widefield.

The violations include: 

No certified food protection manager on duty

There were several violations related to handwashing; one employee wiped their hands on an apron and put on new gloves without first washing their hands, a worker was also observed rinsing off their hands at a handwashing sink but not using soap, and one of the handwashing sinks was missing paper towels and was blocked by a kitchen rack 

The cheese grater, can opener, and ice machine had a buildup of food or soil 

Several items in the walk-in cooler were “covered in mold” according to the inspection report, including lemons, limes, oranges, and bell peppers

The manager, Jackie Gonzalez, was out when KRDO13 stopped by the restaurant. She later told us over the phone that none of the moldy foods would have actually been served.

In a statement later emailed to KRDO13, she added, “Recently, our focus has been stretched as we’ve been working tirelessly to open our new taqueria on Garden of the Gods—a project we have been paying rent on for quite some time but have not yet opened. While these efforts and management changes have taken much of our attention, this is no excuse. We take full responsibility and are actively working to correct every issue noted in the inspection. Steps are already underway, and we are scheduled for reinspection early next week. We remain committed to upholding the high standards that our guests have known and trusted for years.”

3 Margaritas is still awaiting its re-inspection. 

OTHER FAILING SCORES: 

Waffle House – 755 W Fillmore St 

Itopit – 3151 N Chestnut St 

Jersey Mike’s Subs – 5855 Constitution Ave 

AI Sushi and Grill – 4655 Centennial Blvd 

HIGH SCORES

McDonald’s – 3021 W Colorado Ave  

McDonald’s – 510 N Murray 

Insomnia Cookies – 4239 N Nevada Ave  

Buffalo Wild Wings Go – 373 E Fillmore  

Smoothie Paradise – 750 Citadel Dr 

In-N-Out Burger – 1840 Democracy Pt (failed both July 22 and July 30)

The Famous Steak House – 31 N Tejon St 

Sabor A Mexico Restaurant and Bakery – 265 S Circle 

Although the location near Circle and Airport has been home to previous restaurants, Sabor A Mexico is relatively new, owned by Carlos Cabrera, who is very proud of his reviews so far. 

“We got 74 reviews, all five stars,” he points out. 

Cabrera believes what separates his restaurant from others is the authenticity and the care that goes into each dish. 

He showed KRDO13 the meat and birria that is cooked 14 hours in large pots before it’s served as quesabirria tacos. 

The tortillas are also made fresh, along with a large variety of pan dulce, pies, and other pastries sold individually from cases along one of the walls near the counter.

Cabrera says they are made the way his mother made them when he was a boy in Mexico. 

“This is real Mexican.  It’s not a fancy product.  It’s not even expensive.  It’s $1.75 apiece,” he explains. 

Carlos did add a brief warning for people coming down to check out the tacos, pupusas, or other entries… It’s not fast food… because quality dishes can take 20 minutes or more to properly prepare. 

Don’t forget to look for the KRDO13 Restaurant Roundup awards at your favorite restaurant to know the kitchen inside is clean. 

    Click here to see the full list of recent health inspections. 

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Road behind Falcon Walmart shopping area to close Monday for two-week paving project

Scott Harrison

EL PASO COUNTY, Colo. (KRDO) — Foxtail Meadow Road is only a quarter of a mile long, but it’s a popular shortcut for drivers to and from a Walmart and other businesses in a shopping center.

The road is in poor condition, so the county will close the road for at least two weeks, starting Monday, for a $700,000 resurfacing project between Woodmen Road and Rolling Thunder Way.

In several places, lines of potholes and large cracks cover the entire width of the road.

Officially, the county describes the upcoming work as a full-depth reclamation and paving.

“It’s when they grind up the existing asphalt into the existing base below the asphalt,” said Dan Gerhard, a county public works engineer. “And what that does is it provides us with a stronger base than what was there. Sometimes with some of our older roads, there was just a thick layer of asphalt on just dirt.”

He explained that while county officials aren’t certain of the road’s age, they believe it has never been resurfaced.

“If we had a good base section, we could perform a mill and overlay operation. But sometimes, we either don’t have enough asphalt or we don’t have any base. So, the straight mill option just doesn’t get us a product that we’ll be happy with, that will last as long as we’re looking for.”

On Friday, a surveying crew arrived to begin marking locations of utility lines in advance of the project.

Gerhard said that the reclamation will be less expensive than standard milling (removing old pavement) and repaving, because crews won’t have to transport the millings off-site.

“It’s one of our most commonly used rehabilitation techniques here in the county, and we’ve seen incredible results utilizing it,” he said.

Crews will also improve the south end of the road at the signalized, three-way Rolling Thunder intersection.

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