Man jailed after alleged scuffle in Aspen mall
January 8, 2019
Aspen police arrested a local man Sunday and charged him with stalking a former girlfriend and assaulting the woman's current boyfriend, according to court documents.
Marc Eberstein, 44, allegedly pushed the woman into an Aspen police officer's patrol car when the officer responded to a report of a fight Sunday night on the Hyman Avenue mall, according to an arrest warrant affidavit filed in Pitkin County District Court.
"He stated something like 'It's all her fault,' and walked north on Mill (Street) before I could stop him," Officer Walter Chi wrote in the affidavit.
The woman told Chi she recently broke up with Eberstein, who earlier Sunday evening allegedly grabbed her arm and pushed her into a wall at the Caribou Club, the affidavit states.
"Fearing for her safety, she ran into the women's restroom where she remained for 30 minutes," according to the document. "Later, she said that Eberstein followed her to Escobar, where she again sought refuge in the women's restroom."
When the woman and her current boyfriend left Escobar, Eberstein was outside and punched the man in his face, according to the affidavit. He then followed the woman down the Hyman mall, allegedly grabbed her arm again and pushed her into Chi's patrol car.
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The woman said she was afraid of Eberstein, who promised to "ruin" her if she went to police and told her his "high-powered attorney" father would sue her, according to the affidavit.
The woman also said Eberstein showed up at her apartment at 1:30 a.m. two days earlier, banged on the door, forced his way in, tried to have sex with her and bit her, the document states.
The woman's boyfriend told police Eberstein "came at him and 'cold-cocked' him in the face, giving him a fat lip," according to the affidavit. The man didn't remember if he struck Eberstein back, though Chi noted in the affidavit that Eberstein was bleeding from his nose and mouth when he first saw him. Eberstein was charged with felony stalking and misdemeanor harassment, third-degree assault and domestic violence.
On Monday, District Judge Chris Seldin issued a protection order forbidding Eberstein from contacting the alleged victims in the case. He ordered Eberstein held at the Pitkin County Jail in lieu of a $2,500 cash or surety bond.
Arnie Mordkin, Eberstein's lawyer, said in court Monday that his client had no criminal history and suggested the victim in the case gave Eberstein a concussion a week ago.