Aspen Police: Woman held in stall after cocaine
January 26, 2016
Aspen police arrested a man wearing a cape and a sombrero early Saturday morning for allegedly not allowing a woman to leave a men's bathroom stall after they did cocaine together, according to police documents.
Marco Madriz-Vergara, 30, of Glenwood Springs, was charged with false imprisonment, possession of cocaine and harassment in connection with the incident.
Officers responded to a call about a sexual assault at The Red Onion, 420 E. Cooper Ave., at about 1:20 a.m. Saturday and found the 22-year-old victim, who was crying and "seemed scared," according to a police officer's report filed in District Court.
The woman told police she had been drinking at the bar with friends when she went downstairs to use the bathroom at about 1 a.m. On the stairs, she reported meeting a man wearing a black sombrero, a poncho-style cape and cowboy boots who offered her cocaine, the report states.
The woman agreed, and the two entered the men's bathroom and went into one of the toilet stalls. The two sniffed cocaine off the end of a key before Madriz-Vergara kissed her and she voluntarily kissed him back, according to the report.
Madriz-Vergara sniffed more of the drug and offered the woman more, but she declined.
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"At this point, (the woman) became 'weirded out' and said she felt that what she was doing was wrong," Officer Ian MacAyeal wrote in the report. "She tried to leave."
Madriz-Vergara, who had his left arm over the woman's shoulder, pulled her toward him as she tried to leave, preventing her from exiting.
"While preventing her from leaving, he continued to try and kiss her," the report states. "She recoiled, told him to stop and wouldn't expose her face to him."
Madriz-Vergara told her she couldn't leave because the other people who were in the bathroom at the time would know a woman was present, the report states. However, the woman continued to try and leave while he tried to kiss her and pull her closer.
When the other men in the bathroom left, the woman was able to force her way out of the stall and went back upstairs.
"She told her boyfriend, who was waiting upstairs at the bar, what happened," according to the report. "They left and her boyfriend called police."
The woman told police she was in the bathroom stall for seven to 10 minutes and that Madriz-Vergara didn't hurt her or touch "any private areas," the report states.
Police later found Madriz-Vergara outside Eric's Bar on Hyman Avenue, and the woman positively identified him. Another officer arrested Madriz-Vergara and took him to jail.
That officer later found a small baggie containing a white, powdery substance under the seat in his patrol car where Madriz-Vergara was sitting. The powder tested positive for cocaine, the report states.
Madriz-Vergara later posted a $4,500 bond and was released from jail, according to court documents.