COLORADO SPRINGS, Colo. — Questions are rising about Colorado’s laws on competency in criminal cases after a man accused of causing a fatal hit-and-run is set to be released due to a court ruling. Joel Lang was charged with murder following an incident in November 2024 that ended the life of 47-year-old Kristy Kerst outside a fast-food restaurant in Monument.
According to prosecutors, Lang struck Kerst’s vehicle and, when she exited to inspect the damage, he accelerated, dragging her for hundreds of feet before fleeing the scene. Despite the serious nature of the charges, Lang’s case has been dismissed due to findings of incompetency, with a court determining that his mental state could not be restored for trial.
4th Judicial District Attorney Michael Allen expressed his concerns about the legal framework that led to this situation. “If someone is deemed incompetent and not able to be restored, the law requires dismissal with no accountability,” he said. “There’s no obligation for them to be placed in a state hospital or receive mental health treatment, which could allow them to reoffend.”
Allen noted that many victims and their families feel justice is not served when individuals charged with severe crimes are released back into the public. “It feels like the system is favoring violent offenders over victims,” he added. The emotional toll is significant on families like that of Kerst’s, whose sister, Kimberly Stevens, revealed that the news of the case’s dismissal struck her family hard. “It felt like she died all over again,” Stevens said. “He gets to go home, while my sister doesn’t.”
The district attorney elaborated on the changes in legislation surrounding competency, explaining that numerous amendments since 2019 have made it increasingly challenging to hold those with mental health issues responsible for their actions. “There should be a requirement for individuals to undergo treatment in a state facility to assess their competency restoration,” he stated.
Senator Judy Amabile, who has been involved in drafting various competency-related bills, acknowledged the dilemma facing those deemed incompetent. “While the law states they must be released if they cannot stand trial, they do not need to be sent back to the streets. Our goal has been to connect these individuals with the civil mental healthcare system,” she explained.
Amabile, however, pointed out a significant gap in Colorado’s civil mental health resources. The state currently has only 95 beds available for civil commitments and limited capacity in state facilities, falling short of the 50 beds per 100,000 people recommended by mental health advocates.
Stevens remains committed to advocating for changes in the law. “We want to ensure that what happened to Kristy doesn’t happen to another family,” she said. The emotional repercussions have been devastating, and she is determined to push for reform.
Lang is scheduled to appear before a judge on August 1, and Stevens has announced plans for a protest outside the courthouse to draw attention to the cultural and legal shortcomings impacting victims and their families.
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