Charge Changed To Assault In Mask Dispute At Golden Restaurant
GOLDEN, Colo. (CBS4) - The charge against a man, accused in an attack on a restaurant server who asked him to wear a mask, is now changed from harassment to assault. John Roche, 62, of Golden also still faces a citation for trespassing for not leaving the Golden Moon Speakeasy when asked by operator Stephen Gould.
Gould says, "I'm happy about it," when asked about the new charge. Gould told CBS4's Alan Gionet last week he believed the original charge was not strong enough.
He said one of his servers was bruised when he was shoved by Roche of Golden. Gould says the night of the incident he was not able to show investigating Golden Police officers video of the attack.
He says after he sent the video from a camera in his business, the charge was changed from harassment to assault. Golden Police deputy chief Joe Harvey said the officer who handled the incident re-interviewed the server and determined there was pain inflicted in the attack, a necessary component of an assault charge and amended the filing.
The citation will be handled in the city's court. It is the equivalent of third degree assault and a misdemeanor, says Harvey. He added the potential penalty for assault is the same as the harassment charge; a fine of up to $2,650 and jail time of up to 180 days.
Roche faces a court appearance in October for the allegations. He did not wish to comment when contacted by CBS4 last week.
The confrontation occurred as Roche arrived and took a seat in an outside seating area and the server approached to tell him he would have to be seated by staff and would have to wear a mask said Gould. Words were exchanged, then video from the restaurant shows a man identified as Roche rising, approaching and shoving the server.
Gould declined to share the worker's identity and said the worker was scared. He said the employee was bruised and broke a latch off the door frame when he went down, ripping the screws from the door jamb. Gould said he confronted Roche, who he said threatened him as well and did not initially leave when asked.
