Kolb’s case closed, no charges filed
Troubled former seminary student surrenders N.M. teaching licenses

By Elizabeth Hardin-Burrola
Staff Writer

GALLUP — Once again, May proved to be a good month for Derek Kolb.

For the second year in a row, Kolb walked out of Magistrate Court with good news.

Kolb, 30, had been facing revocation of his probation due to allegations that in October 2005 he had threatened to kill Donald E. Pelotte, the Roman Catholic Bishop of the Diocese of Gallup. But the hearing on the motion to revoke Kolb's probation had been pushed back so many times that when it was finally scheduled for Thursday, Kolb's probation had already ended.

Kolb's probation had been set in May 2005 after he pleaded guilty to harassment. He had originally been charged in October 2004 with the attempted murder of Sister Margaret Mary Liebst of the Diocese of Gallup. In interviews with the Gallup Police, Kolb admitted to trying to kill Liebst to gain more attention from her caretaker, Father Thomas Maikowski, who at the time was a prominent Gallup priest.

In the most recent incident involving Pelotte, Kolb never faced any criminal charges. The postponed hearing to revoke his probation was the only legal consequence he faced. The case is now closed.

Thursday's hearing was resolved in just a couple of minutes before Judge John J. Carey. In typical Magistrate Court fashion, the courtroom was overflowing with dozens of other defendants from other cases, along with a small crowd of police officers and attorneys. Kolb, defense attorney Steven F. Seeger, and Assistant District Attorney Michael E. Calligan gathered before the bench and out of earshot of everyone else in the courtroom.

After Kolb's case was closed, Seeger shook Kolb's hand and wished him well with his "career," and Kolb hurriedly made his exit from the courtroom.

When asked to comment, Calligan noted that Kolb's probation ended on May 17 and that Kolb had spent a great deal of time being treated in an Albuquerque hospital over the last several months.

"We have to give him credit for that time," he said.
Seeger did not return a telephone request for comment on Thursday afternoon.

There have been numerous indications that Kolb has suffered from mental health problems. Kolb was charged with attempting to murder Liebst after a local mental health counselor contacted the Gallup Police because of threatening admissions Kolb had made to the therapist. In the Gallup Police report, which featured interviews with Kolb, Liebst, Maikowski, and diocesan officials, statements were made about Kolb's mental health problems during his time as a seminary student for the Archdiocese of Denver and his very brief stint in the Navy. Seeger has also spoken in the past about Kolb's need for treatment.

Deacon Timoteo Lujan, the chancellor of the diocese, did express concern about the state of Kolb's mental health and his whereabouts. Due to Kolb's alleged threats to harm both Liebst and Pelotte, diocesan officials continue to have concerns about Kolb.

"We have no knowledge about his mental health," said Lujan, who added that diocesan officials have no knowledge of where Kolb is living or where he might move in the future.

"Honestly," he said, "we feel that leaves us a little bit vulnerable."

Lujan also expressed disappointment over the lack of communication from law enforcement officials. Other than the initial contact from local police agencies when Kolb allegedly made the death threat against Pelotte, Lujan said the diocese has never been contacted by any police or district attorney official.

Although Kolb never experienced any serious legal consequences for his alleged actions against Liebst and Pelotte, he apparently has experienced some professional consequences.

According to Bruce Berlin, an assistant general counsel for the New Mexico Public Education Department, Kolb recently surrendered his two New Mexico teaching licenses to the state. Because of Kolb's legal problems in McKinley County, the state had scheduled a hearing to review possible revocation of Kolb's educator's licenses.
Instead, explained Berlin, the hearing was never conducted because Kolb voluntarily surrendered the licenses, one of which was in elementary education and the other in language arts.

"It's the same as being revoked," said Berlin, who added that with the surrender, Kolb agreed never to apply for a teaching license in New Mexico again. The state is part of a nationwide education system that shares a common database, he added, meaning all other states have access to the New Mexico information.

Prior to Kolb's alleged actions against Liebst, Kolb had been working as an assistant to Maikowski in the Diocese of Gallup's Department of Education and St. Francis Elementary School. He later worked briefly as a substitute teacher for the Gallup McKinley County Schools.

According to court documents, Kolb currently lives in Albuquerque.

Reporter Elizabeth Hardin-Burrola can be contacted at (505) 863-6811 ext. 218 or ehardinburrola@yahoo.com.
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