FOX31 Denver

New DA will take on STEM School shooter trial as first major case

DOUGLAS COUNTY, Colo. (KDVR) — One of the closest races in Colorado was decided within a margin of around 1,400 votes, but following a recount, John Kellner is expected to be the next District Attorney for the 18th Judicial District, covering Arapahoe, Douglas, Elbert and Lincoln counties.

Kellner served as the Chief Deputy District Attorney, and was recognized as “Prosecutor of the Year” by the Colorado District Attorney’s Council in 2016. He takes over for George Brauchler, who is term limited. 

“I learned from the Marine Corps, you lead from the front,” Kellner said. “And as the elected district attorney I have to set the standard of expectation for every single prosecutor that works for me. And that standard is to do the right thing, no matter how hard that might be, to seek justice in every single case.”

Kellner enters the job during an unprecedented time in the judicial system. The pandemic has slowed the wheels of court processes and proceedings, with delays and hearings conducted through Zoom and WebEx. The backlog of cases is extensive for everyone from judges to clerks.

“There are hundreds of cases being carried by almost every single one of our deputies, in addition to what they would normally have at this point in the year,” Kellner said. “It’s gonna take time, and one thing I will not sacrifice along the way is public safety.”

Another challenge Kellner will face in his new role: spearheading the prosecution for the trial against alleged STEM School shooter Devon Erikson. Erikson is accused of shooting and killing fellow classmate Kendrick Castillo, as Castillo lunged towards the gunman to protect his classmates.

Alec McKinney, pleaded guilty to first-degree murder and other charges from the May 2019 shooting, and was sentenced to life in prison with the possibility of parole, plus 38 years.

“No I’m not concerned with going forward with the trial in February, in fact I hope that we can keep that trial on track,” Kellner said, adding everyone is innocent until proven guilty beyond a reasonable doubt. “As the father of two kids that are in public school in our community, in the 18th judicial district, anything having to do with school safety and especially something as tragic as a shooting, a murder, an alleged murder… that sticks with you.”

Kellner says victim advocacy and support will be a cornerstone of his tenure as district attorney, saying the transition in this case and advocating for the Castillo’s family will be a top priority. 

“How can we serve victims to make this difficult process a little less painful, and to ensure that they feel that justice is done,” Kellner said.

Erikson’s trial is slated to begin Feb. 1, 2021, and could run through March. Kellner is expected to be sworn in on Jan. 12, 2021.