Attempted murder charge filed against Carbondale man
Carbondale, CO Colorado
CARBONDALE, Colorado ” A Carbondale, Colorado man was charged Friday with criminal attempt to commit murder in the second-degree for his role in a brawl at an Aspen bar earlier this month.
Mark Joseph Montijo, 38, also faces two felony counts of assault in the second degree and a related misdemeanor. The attempt to commit murder in the second degree is the most egregious and carries a potential penalty of 16 years in prison, according to state sentencing guidelines.
Chief Deputy District Attorney Arnold P. Mordkin filed the counts Friday morning in Pitkin County District Court.
“It’s a serious situation,” said Mordkin after the charges were filed. “But of course the defendant is presumed innocent until proven guilty by a jury of his peers.”
The charges stem from an incident May 2 at Eric’s Bar on East Hyman Avenue where Montijo allegedly assaulted three men, according to an Aspen police report. One of the victims suffered a media orbital fracture in the fight.
Witnesses told police they had been standing “outside of Eric’s Bar when the incident happened” sometime around 2 a.m.
The witness stated Montijo “threw the first punch” at one of the victims and knocked him unconscious. The first victim apparently hit his head on the concrete stairs, stumbled and fell to the ground.
Montijo then allegedly attacked the second victim, and “knocked him to the ground and kicked him while on the ground.” Montijo then punched the second victim in the face and knocked him out.
Another witness said Montijo and two victims were “having a tense argument,” prior to the fight.
He is also alleged to have assaulted a third victim. All three victims were male, police said.
Montijo is to appear at 10:30 a.m. Monday in Pitkin County District Court for a hearing. He is free on $10,000 bond.