GOLDEN, Colo. — Opening statements got underway Monday morning in the trial of one suspect in the 2023 rock-throwing incident that killed 20-year-old Alexa Bartell.
Juror selection was completed on Friday for the expected 11-day trial of Joseph Edwin Koenig, who is charged with first-degree murder.
In opening statements, Jefferson County prosecutor Katharine Decker described Koenig's actions as "frequent, focused, and fatal," saying that these are the three things this case boils down to.
However, Koenig's defense attorney, Martin Stuart, did not dispute Koenig's involvement in the rock-throwing incidents but said his actions don’t warrant murder charges.
Koenig, 20, is accused, alongside Zachary Kwak and Nicholas Karol-Chik, of throwing rocks at cars in the areas of Jefferson and Boulder counties, resulting in Bartell's death.
Bartell was driving on Indiana Street in Jefferson County at approximately 10:45 p.m. on April 19, 2023, when a landscaping rock struck her windshield. She was pronounced dead at the scene.
"The defendant wasn’t dropping rocks off bridges. He was driving either his truck or his friend’s truck and throwing them at oncoming drivers," Decker said.
She explained to the jury that the speed and velocity of the rocks were enough to “smash through windshields, destroy the bodies of cars, destroy the bodies of humans."
Decker said Koenig rolled down the driver-side window and threw the rock with his dominant left hand. However, the defense pointed to past interviews with Karol-Chik, stating Kwak was the one who threw that rock.
Decker continued, pointing to Koenig's involvement in ten total instances of rock throwing over the course of three separate nights and telling the jury they would hear from those victims.
Stuart told the jury that his client is not denying the allegations but is asking that they consider a lesser charge of manslaughter.
"This case is not about avoiding accountability for Joe Koenig. At the end of this trial, we're going to ask you to hold Joe Koenig accountable of the crime he actually committed — manslaughter," Stuart said.
About a week after Bartell was killed, all three defendants, who were 18 years old at the time, were arrested and each charged with first-degree murder, attempted murder and assault-related charges.
Koenig pleaded not guilty to the charges in April 2024, but Kwak and Karol-Chik took plea deals, which Stuart described as "sweetheart deals," and placed the onus on all three teenagers in this case.
"All three of these boys were on the same joyride. All three threw rocks from the truck. All three egged each other on and cheered when a rock hit a car. Each time a rock was thrown, including the last time, all three aided and abetted. All three boys in that truck are guilty of causing Alexa Bartell's death," the defense said.
Kwak, 20, pleaded guilty to two counts of second-degree assault and criminal attempt to commit second-degree assault. Karol-Chik, 20, pleaded guilty to second-degree murder and attempted first-degree murder.
As part of their plea deals, Kwak and Karol-Chik are set to testify at Koenig's trial. Their sentencing will take place after a verdict has been reached. Kwak and Karol-Chik face prison sentences of up to 32 and 72 years, respectively.
Koenig’s defense team brought up the defendant’s age at the time of the incident, arguing that the brain region responsible for self-regulation, the ability to control behavior, thoughts, and emotions, isn't completely developed at 18.
"We don’t convict people in Colorado of the most serious crimes without proof of a state of mind," Stuart said.
Prosecutors challenged that notion, stating that no one could verify what the defendant knew during the rock-throwing incidents, and they didn't have to prove Koenig's intent, premeditation, or deliberation for first-degree murder.
Stuart said Koenig did not knowingly commit murder and that the three teenagers had no reason to know anyone was hurt.
"He was throwing rocks at cars, as foolish as that sounds," Stuart said.
Koenig's defense described the three as seniors in high school with nothing else to do, arguing there wasn't a plan to vandalize property or cause chaos.
The trial is expected to continue Tuesday in Jefferson County Court.
Prior coverage:
- What makes trial different for suspect in 2023 rock throwing that killed 20-year-old Alexa Bartell
- Trial begins for Joseph Koenig, accused in Jeffco rock-throwing incident that killed Alexa Bartell
- Trial for third suspect in rock-throwing case delayed after judge orders mental health evaluation
- Second teen accused in Alexa Bartell’s rock-throwing death pleads guilty
- One of three suspects in rock-throwing death of Alexa Bartell pleads guilty
- Alexa Bartell case: Suspect in rock-throwing crimes now facing more charges
- Alexa Bartell's family celebrates life of 20-year-old killed 1 year ago in rock-throwing crime
- Teens charged in deadly rock-throwing spree that killed Alexa Bartell will face trial
- Teen suspects in rock throwing killing of Alexa Bartell to face first-degree murder, assault charges
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