Logging onto Match-dot-wrong | AspenTimes.com

Logging onto Match-dot-wrong

Charles AgarThe Aspen TimesAspen CO, Colorado

ASPEN A Texas man with a home in Aspen faces assault and domestic violence charges after an Internet date allegedly ended in an scrap at the Hunter Creek trailhead in August 2007.John Kirk Mitchell, 51, however, claims that the woman he met online was the one who started the fight. He said she had filed charges in a nearly identical situation involving her ex-husband in 2001.And Mitchell, an oil executive in San Antonio, Texas, has hired an attorney from a high-profile Denver firm to prove it.On Aug. 28, Mitchell and the woman, whose name is withheld because she is an alleged victim of domestic violence, were on a date after meeting on an Internet dating site, according to a police report.Mitchell picked up the woman in Denver, where she had driven from her home in Fort Collins to meet him. Things went wrong at about 6 p.m. that evening, when the two began arguing over the music being too loud on the drive from Mitchells Aspen residence to the Hunter Creek trailhead, according to the womans statement in the police report.Officers arrested Mitchell on charges of third-degree assault and took him to jail.Mitchells attorneys say the woman has a history of lying to police over harassment and assault charges.The case has been before the Pitkin County court for nearly a year. A possible plea deal in March fell through.In a March 18 letter to Judge Erin Fernandez-Ely, the alleged victim implored the judge to deny Mitchell a plea deal that would have dropped the assault charges for a no-contest plea on disorderly conduct.When the plea deal fell through, Mitchell dropped his local attorney, Lauren Maytin.And after a four-month hiatus in court, Mitchell hired Jeffrey Pagliuca of the firm Haddon, Morgan, Mueller, Jordan, Mackey & Forman, P.C. in Denver. On Aug. 5, his attorneys filed a motion to admit a recent lie detector test Mitchell took.On Wednesday, Ely set a trial date for Sept. 26, but Mitchells attorneys and Deputy District Attorney Richard Nedlin are negotiating a possible settlement.Ely will consider the motions at a hearing scheduled for Sept. 24.cagar@aspentimes.com

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