Kolb skips court

By Elizabeth Hardin-Burrola
Staff Writer

GALLUP — Derek Kolb was a no-show in Magistrate Court on Thursday.

Kolb, 30, was scheduled to appear before Judge John J. Carey concerning a motion filed by Assistant District Attorney Michael E. Calligan to revoke Kolb's probation. As a result, Carey signed an order to show cause directing Kolb to appear in court on April 11, 2006 or face a warrant for his arrest.

According to both prosecution and defense attorneys, Kolb is reportedly being treated in a hospital. Court records indicate Kolb now lives in Albuquerque.

In October 2004 Kolb was charged with attempted murder after he admitted to Gallup Police that he had tried to kill Sister Margaret Mary Liebst in an effort to get more attention from Father Thomas Maikowski, a prominent local Catholic priest who had been Liebst's caretaker for about 20 years. Kolb told police he put acid in Liebst's cereal, Windex cleaner in her food, and replaced her insulin with water.

That charge was eventually dismissed in May 2005, and Kolb pleaded guilty to a reduced charge of harassment. He was given a one year suspended jail sentence and put on supervised probation.

Less than five months later, the Diocese of Gallup issued a statement saying the New Mexico State Police had informed diocesan officials that Kolb had allegedly made a death threat against Gallup Bishop Donald E. Pelotte. An unidentified man reportedly called Bernalillo County 911 Dispatch on Oct. 4, 2005 to report Kolb's threat; that call was immediately transferred to the New Mexico State Police office in Gallup.

No criminal charges have been filed against Kolb concerning the alleged death threat.

In October 2005, Calligan filed a motion to revoke Kolb's probation due to the alleged threat. That motion has slowly inched its way through the Magistrate Court system but has yet to be addressed.

Judge George Galanis recused himself from the case in December, after presiding over Kolb's earlier hearings in 2004 and 2005. A hearing scheduled earlier this year was continued because New Mexico State Police Officer Ronald Chavez, a witness in the case, was out of town.

On Thursday, Kolb failed to show up in court.

Calligan said Kolb is reportedly being treated in an unknown hospital, according to information provided by Steven F. Seeger, Kolb's defense attorney.

Seeger said he thought Kolb was in a hospital, but had no confirmation of that. He said Kolb had a number of health issues, including a physical health problem he faced in January and possibly some mental health issues.

Kolb originally came to the attention of the Gallup Police through a local mental health counselor who was treating Kolb. According to the police report, the counselor contacted police because of threatening admissions Kolb had made to the therapist.

"If he's truly in the hospital, that's fine," said Calligan, who explained Kolb will have to provide proof of his hospitalization to Judge Carey.

"I'd like to see him get long-term significant help," added Calligan. If Kolb is not willing to follow through with recommended medications and counseling, Calligan said he is willing to prosecute Kolb in the criminal justice system.

Due to Kolb's history of making violent threats, Calligan said he doesn't believe Kolb is harmless. "We're taking this guy seriously," he said.

An attempt to contact Deacon Timoteo Lujan of the Diocese of Gallup for comment was unsuccessful. Lujan, the chancellor for the diocese, acts as a spokesman for Pelotte. According to chancery staff members, Lujan was out of the office until Monday.