Knife incident lands man in jail |

Knife incident lands man in jail

Aspen Times Staff Report

A local man who threatened another man with a knife during a late-night altercation in May was sentenced yesterday to 60 days in the Pitkin County Jail, with work release.

Sean Weiss, 25, of Aspen, received a 90-day sentence in Pitkin County District Court, but Judge J.E. DeVilbiss suspended 30 days of the time.

DeVilbiss, who asked that the knife in question be brought before him Monday, later described the stainless steel folding knife with a two-and-three-quarter-inch blade as “a serious piece of machinery.”

“What you did was not only unwise, it was also very dangerous and there must be a response other than useful public service,” DeVilbiss said.

In addition, Weiss was sentenced to three years of probation, 80 hours of useful public service, ordered to pay $280 in court costs, and he must forfeit the knife to the court and not carry any weapons on his person.

The incident occurred March 28 at approximately 2 a.m., in the stairwell of New York Pizza, located just off the Hyman Avenue Mall. According to testimony, a few men behind Weiss were being rowdy and trying to cut into the line, when he drew the knife and held it to one man’s neck. The knife left a mark on the victim’s neck but it did not break any skin.

“I think we were one hairbreadth away from a homicide here,” prosecutor Rich Orman said prior to sentencing. “This offense is too serious not to merit jail time.”

Weiss’ attorney, Mark Rubinstein, disagreed and asked the court for a probationary sentence.

“This is a 25-year-old who made an unwise choice,” Rubinstein said.

“I’m truly sorry for what I’ve done,” Weiss said when given an opportunity to address the court. “It was the stupidest thing I’ve done in my life. … I was just scared and there were two of them; I didn’t know what to do.”

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