Zachary Kwak, now nineteen, pleaded guilty today, May 10, to three felony charges of first-degree assault, second-degree assault and criminal attempt to commit second-degree assault. He was facing a first-degree murder charge and life behind bars if convicted, as were the other teens, Nicholas "Mitch" Karol-Chik and Joseph Koenig.
Now prosecutors are trying to get Karol-Chik to take a plea deal, too, with one being offered at a hearing on Thursday, May 9, with a floor of 35 years in prison if accepted, according to the First Judicial District Attorney's Office.
"An offer has been extended to Karol-Chik," confirms Jeffco DA spokesperson Brionna Boatwright.
The young man is scheduled for a disposition hearing on Wednesday, May 15, where he could enter the new plea. He had been slated to go to trial this summer, with jury selection beginning on June 7.
Rock-throwing suspects Zachary Kwak, Nicholas Karol-Chik and Joseph Koenig.
Jefferson County Sheriff's Office
Kwak, Koenig and Karol-Chik were all charged in connection with a series of attacks on April 19, 2023, in which they allegedly hurled rocks at oncoming cars from a moving vehicle. Police say at least seven cars were targeted by the teens, who were all eighteen at the time. Bartell was killed after the trio tossed a four-to-six-inch rock through her windshield while traveling at a speed of 80 miles per hour, according to investigators.
Koenig appears to be the only defendant who hasn't been offered a plea deal. Earlier this week, he was charged for attempted murder in a separate case after First Judicial District Judge Christopher Zenisek ruled there was probable cause to charge him.
Koenig is accused of throwing rocks at motorists in two separate incidents that occurred on February 25, 2023, in Arvada.
It wasn't until after the April 19 spree that claimed Bartell's life that police found out about the other incidents, when additional victims came forward reporting similar attacks on the road.
Defendant Joseph Koenig faces additional counts of attempted murder and assault in connection with separate rock-throwing incidents on February 25, 2023.
AAron Ontiveroz, The Denver Post
The three defendants all appeared together on Tuesday morning, May 7, for a joint motions hearing as they prepared to have three separate trials this summer. Zenisek made rulings on a number of different motions filed by the defense teams, including one in favor of suppressing a crucial accusation made by Karol-Chik during a "proffer" interview with police in January of this year — alleging that he and Koenig had thrown rocks at vehicles before on ten separate occasions.
Proffer interviews are typically arranged by a defense team when someone is trying to negotiate for a plea deal.
Zenisek ruled to suppress Karol-Chik's claim about the prior incidents, saying it would create the potential of "unfair prejudice" and "confusion" for a jury. Prosecutors had argued that Karol-Chik's admission to police that he and Koening had thrown rocks and objects at vehicles in the past would be proof that the two teenagers had a clear and direct understanding of the consequences of their actions.
During testimony, it was revealed that Karol-Chik has now accused both Kwak and Koenig of throwing the rock that killed Bartell.
Defendant Nicholas “Mitch” Karol-Chik now claims it was Joseph Koenig who threw the rock that killed Alexa Bartell after initially accusing Zachary Kwak.
AAron Ontiveroz, The Denver Post
In the months before his proffer interview, Karol-Chik had been telling police it was Kwak who threw the fatal rock — a claim he made during his first interview with investigators after his arrest. He went so far as to take a polygraph test provided by the First Judicial District Attorney's Office, and passed.
He was given a second polygraph after his proffer interview, during which he claimed Koenig threw the rock that killed Bartell, and he passed that one, too.
Investigators, however, say there were two inconclusive results in Karol-Chik's first polygraph test, with the only "non-deceptive" result being a hand score. So it's not fair to say that he "passed" the test, according to prosecutors.
It was revealed in testimony on May 7 that Karol-Chik admitted to having told his attorneys between April and December last year that it was Koenig who threw the rock that killed Bartell.
"No deals or offers were made at that time," noted prosecutor Katherine Decker.
It's unclear what later led to Karol-Chik being offered a plea agreement.
According to the DA's Office, Bartell's family was accepting of Kwak's offer and agreed with its terms. They are choosing not to comment until after Koenig and Karol-Chik's cases are resolved.
"As part of today's plea, Kwak agreed that with regard to the death of Bartell, the defendant acted knowingly, under circumstances manifesting extreme indifference to the value of human life, by engaging in conduct which created a grave risk of death," the DA's office said in a statement announcing the deal.
Kwak has maintained that it was Koenig — who refused to speak with police after his arrest and has yet to publicly point a finger — who threw the stone that killed Bartell. He claims to have only met Koenig and Karol-Chik a week prior to their alleged rock-throwing spree, which Karol-Chik corroborated in interviews.
Police say Kwak was also not involved in prior rock-throwing incidents that Karol-Chik admitted to committing with Koenig. No one has come forward and said that he's exhibited this sort of behavior before.
A sentence hearing for Kwak has been scheduled for September 6. It's unclear how long Karol-Chik has to weigh the terms of his plea deal.
