For the second time in as many weeks, Aspen police arrested local resident Bo Weinglass.
He was arrested at about 6:08 p.m. on Thursday. But unlike the criminal mischief misdemeanor charge he faced after allegedly breaking a $535 tire lock that had been placed on his car in the Centennial parking lot on May 22, the second arrest was connected with an alleged class 4 felony assault.
According to the arrest affidavit, Weinglass attacked a man while he was walking to the bathroom at Eric’s Bar in the early morning hours Wednesday, striking the man four times in the face with a pool cue.
The victim — who was still bleeding from the laceration on the right side of his face when police arrived shortly after 1 a.m. — was brought to Aspen Valley Hospital, where he received six staples in his head to treat the wound. From a criminal perspective, the physician treating the victim’s wound did not advise that the level of injury constituted serious bodily injury, which would have likely led to class 3 felony charges.
From the perspective of presumptive penalties in the state of Colorado, the potential difference between class 4 and class 3 felony charges is significant: First-degree assault — the class 3 felony — could command between 10 and 32 years in the Department of Corrections. Second-degree assault, by contrast, carries a presumptive penalty range of between two and six years in jail or prison.
Aspen police officer Joseph Watson followed up with Eric’s manager Thursday morning, at which point Watson was able to review video footage from the establishment that showed, from two cameras, the incident that led to the eventual arrest. After the alleged assault, Weinglass reportedly fled up the stairs through connecting restaurant Su Casa and exited the premises. The pool cue was found discarded at the exit.
At about 7:51 p.m. Wednesday, Watson and Sgt. Rob Fabrocini viewed the security camera footage together. “The first camera (from behind the bar) shows [the victim] being struck in the face with a pool cue by … Weinglass. The second camera (from the top of the back stairs) shows … Weinglass strike [the victim], drop the pool cue and run up the stairs,” the affidavit explains.
Both Fabrocini, Watson and the manager were able to identify Weinglass in the videos, “as they are familiar with him from prior contacts,” the affidavit continues.
“Our client values his privacy as he focuses on healing from this traumatic and hurtful incident,” the victim’s attorney, Michael Fox of Kalamaya Goscha, said Friday in a statement. “We look forward to obtaining justice on his behalf.”
When Watson made contact with Weinglass on Wednesday via phone, he told the officer he didn’t recall the events that led to the arrest.
In his earlier run-in with the law, surrounding the parking dispute, Weinglass allegedly remembered all too clearly what happened, showed no remorse and wasn’t forthcoming with information.
“It should be noted that Weinglass did not show any remorse for breaking the tire lock and throwing it away. Weinglass also stated something along the lines of ‘if he boots my car again, I will break it.’ I then went back to the Aspen Police Department and filed a noncustodial arrest for Weinglass,” the affidavit of that case states.
On Friday, Pitkin County District Judge Chris Seldin assigned Weinglass a $5,000 cash surety bond, coupled with a requirement to undergo substance abuse monitoring through the pre-sentence investigation. He is next due in court July 6.