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Charlie Sheen Arrested For Felonious Domestic Violence Crimes in Aspen

Actor Charlie Sheen has posted an $8,500.00 bond in Aspen tonight and been released from the Pitkin County Jail. His wife called 911 this morning, prompting his arrest. The Aspen Daily News reports:

Aspen police officer Rick Magnuson made the arrest after Sheen’s wife, Brooke Mueller Sheen, called 911 at 8:34 a.m. An ambulance responded to the scene but the alleged victim did not require medical attention, police said.

According to the Pitkin County Sheriff's Department:

"Carlos Irwin Estevez, also known as the actor Charles I. Sheen, 44, of Encino, Calif., was placed under arrest for second-degree assault, a class four felony; menacing, a class five felony and criminal mischief, a class one misdemeanor. All charges are coupled with a domestic violence component."

[More...]

Our local news reports:

Mueller, who had been having marital problems with Sheen, rented a home in Aspen for several months, according Web site RadarOnline.com,. Sheen flew out to be with her and their two sons for the holiday but things got out control, according to a source quoted by RadarOnline.com. The couple began arguing and according to the source Mueller said that Sheen pushed her and she then called 911.

It ends with:

According to TV Guide, Sheen is currently the highest paid actor on television, earning an estimated $825,000 for each episode of "Two and a Half Men."

He must also has some clout. Numerous earlier news reports said Sheen would spend the weekend in jail because he was arrested on Friday and the courts are closed until Monday.

Sheen was arrested by the Aspen Police Department on Friday morning, and is being held with no bond. As with all domestic violence cases, Sheen will remain in the jail until his case undergoes its initial judicial review.

But, he was released on the $8,500.00 bail tonight after "speaking with a county judge." (Added: the Aspen Police Department says he was advised Friday evening by a district court, not county court judge.) His publicist says:
Sheen's publicist Stan Rosenfield released a statement saying, "It would benefit everyone not to jump to any conclusion."

Apparently, bail bondsmen do good business on Christmas. According to Jeff McLaughlin, a bondsman from A Bad Day Bail Bonds in Longmont, CO:

The holidays tend to attract people who commit domestic violence, DUI and driving with a suspended license crimes. "Good people make bad decisions sometimes," he said.

Update: According to the Aspen Police Department press release, Sheen was booked at 11:20 am, but the 911 call was made at 8:34 a.m and they responded immediately. I wonder why it took 3 hours to book him.

Update: I'm wondering whether a gun or a knife was involved, or whether Sheen tried to resist arrest. Sheen is charged with second degree assault, a class 4 felony (unless it's heat of passion, in which case it's a class 6 felony.) (C.R.S. 18-3-203.) The possibilities under the statute include:

(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or

(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or

(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer or firefighter engaged in the performance of his or her duties,

(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.

(Section (a) has been repealed.) Second degree assault is a crime of violence in Colorado, and requires a mandatory prison term. Under C.R.S. 18-1.3-406:
Any person convicted of a crime of violence shall be sentenced pursuant to the provisions of section 18-1.3-401 (8) to the department of corrections for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range provided for such offense in section 18-1.3-401 (1) (a), as modified for an extraordinary risk crime pursuant to section 18-1.3-401 (10), without suspension.
The statute lists the crimes the sentence enhancement applies to, and among them are first and second degree assault. So, if Sheen were convicted on that count, he'd have to be sentenced to at least 3 years (the midpoint in the presumptive range, which for a class 4 felony is 2 to 4 years.)

An ambulance was called but the police department says his wife didn't need to go to the hospital, which would seem to rule out "serious bodily injury." Yet, he's charged under the second degree statute which requires either a serious bodily injury, bodily injury through use of a deadly weapon, or bodily injury while resisting police. It will be interesting to see why they charged him under this statute.

Update: Another indication a gun (or other weapon such as a knife) may have been involved is the charge of felony menacing. The statute (18-3-206) reads:

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

As to the criminal mischief charge, that's damaging property, and for the class 1 misdemanor that Sheen is charged with, the amount of damage to the property is between $500 and $1,000.

Update: Citing law enforcement sources, TMZ reports both Sheen and his wife were tested for alcohol. His wife registered .13, (anything over .1 is considered under the influence) while Charlie registered .04 (not even impaired.) TMZ says he will raise self-defense and allege his wife was the aggressor. It also reports his wife recanted her story and told an officer before the judge set bail that she was drunk when she made the call. Interesting, as the call was at 8:34 a.m.

Update: His Aspen lawyer says:

"I think ultimately what you'll see is there was no criminal conduct whatsoever."
So it now sounds like: Sheen's wife was drunk, called 911, later recanted and took blame for blowing the incident out of proportion.
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  • Display: Sort:
    Yes, again, you over-react (5.00 / 1) (#8)
    by Cream City on Sat Dec 26, 2009 at 11:36:10 AM EST
    to undeniable but also undeniably few cases.  Look again at the overall record -- and this guy's record, and the media record. . . .  You also might do well to get some help with this, at least with the math.

    Yech. (1.00 / 0) (#2)
    by shoephone on Sat Dec 26, 2009 at 05:00:41 AM EST
    Charlie Sheen. Creepy guy.

    Drunk at 8:30 on Christmas Morning?... (1.00 / 0) (#3)
    by kdog on Sat Dec 26, 2009 at 07:10:16 AM EST
    I thought I liked to party, but even I wait till noon on Christmas...sounds like a Christmas Eve  all-nighter that got way out of hand.  Weird that Charlie was sober though, unless he had slept it off while the Mrs. kept the party rollin'.

    Oh well, glad no one was hurt and hope they sort out their domestic problems without the law adding too many more.  Charlie's rep is well known, and ya gotta wonder about somebody who would marry that rep...they sound like a pair I'll tell ya that much.  

    I'm gonna speculate that (none / 0) (#4)
    by scribe on Sat Dec 26, 2009 at 08:06:35 AM EST
    "Drunk at 8:30 on Christmas morning" really means "still drunk from Christmas Eve".  I'll bet the tabloid folks are spreading cash all around the nightspots of Aspen as we speak (and have been since this broke) to tease out the party path from the night before.

    I'm also gonna speculate - wholly without foundation - that any "weapon" could also be something like a fireplace poker....

    Parent

    Sheen has had serious problems with drugs and viol (none / 0) (#1)
    by Gerald USN Ret on Sat Dec 26, 2009 at 02:12:41 AM EST
    I read that his wife said (at least initially) that Sheen had choked her.

    Well (none / 0) (#7)
    by jondee on Sat Dec 26, 2009 at 11:34:09 AM EST
    there's probably a way to simplify inquiries and apply helpful remedies to these type of situations, but it would require relegating any number of golden-tongued shylocks to the sidelines with nothing to do and nothing to skim off.

    And we cant have that.

    Did Charlie Sheen use his free (none / 0) (#9)
    by oculus on Sat Dec 26, 2009 at 03:43:50 PM EST
    phone card to talk his wife into declining to prosecute?