(EL PASO COUNTY, Colo.) — Charges have been dismissed against a driver accused in a hit-and-run crash in the parking lot of a Monument fast food restaurant that left a 47-year-old woman dead.

According to the 4th Judicial District Attorney’s (DA) Office, the charges against 41-year-old Joel Lang were dropped on Friday, June 27, after he was found incompetent to stand trial. Lang was arrested on Second-Degree Murder and Vehicular Homicide charges after he allegedly ran over 47-year-old Kristy Kerst in the McDonald’s parking lot on Baptist Road following a minor accident.

The DA’s Office said the incident began when Kerst got out of her car to inspect damage after Lang’s car bumped into hers. While driving away, the DA’s Office said Lang hit Kerst. She was then trapped under his van and dragged hundreds of feet. Kerst’s daughter was also injured.

After law enforcement sent out a bulletin looking for Lang and his van, he turned himself in to the Colorado Springs Police Department. He was booked on charges of Second-Degree Murder, Vehicular Homicide, and Leaving the Scene of an Accident Involving Death.

“Kristy Kerst, a 47-year-old mother and grandmother, was violently killed while visiting her family in Monument – run over and dragged to death by Joel Lang in a McDonald’s parking lot,” said 4th Judicial DA Michael Allen. “She deserves for her killer to be held accountable. Kristy was not alone on the day of her death. Her daughter and two young grandchildren witnessed the horror in that parking lot, too.”

The DA’s Office said Lang was previously found incompetent to stand trial, and it has since been determined that his competency cannot be restored. According to the DA’s Office, under Colorado law, charges must be dropped against a defendant whose competency cannot be restored.

“At issue today is a dangerously tangled statutory web that requires courts to dismiss cases after finding a defendant to be incompetent to proceed, and that their competency could not be restored. That requirement applies regardless of the level of offense,” said DA Allen. “People charged with murder, no matter how depraved and evil the crime, can walk free while victims and their family members are left unprotected by the laws enacted in this state.”

The DA’s Office said Lang will remain in custody pending a review on Aug. 1 to allow for the arrangement of mental health services that will assist with Lang’s transition from the Criminal Justice Center.