Councilmember’s assault case continued to Oct. 1 for review
EAGLE – Breckenridge Town Councilmember J.B. Katz’s domestic violence case has been continued until Oct. 1 so Eagle County Deputy District Attorney Nate Fehrmann can review the case.
According to Eagle County Judge Fred Gannett, Summit County Deputy District Attorney Tamar Fitzgerald gave the case to Fehrmann when she transferred to the Fifth Judicial District’s Clear Creek County office.
Katz is scheduled to appear in court via telephone in the Oct. 1 plea and sentencing.
She is charged with domestic violence and resisting arrest, both misdemeanor offenses, after an incident at the home of Katz’s ex-boyfriend, Andy Fisker, April 1.
According to Summit County Sheriff’s Office reports, the two got into an argument when he returned home from work that afternoon, and when Fisker tried to leave, she blocked his path to the car and struck a rear window with a rock.
Sheriff’s Office reports indicate that when Breckenridge police and sheriff’s deputies arrived at the house to investigate later that day, Katz resisted arrest and allegedly bit one of the police officers on the shoulder as he was trying to put her in the police car.
When sheriff’s officers questioned Katz later at the jail, she said she had not tried to block her boyfriend from getting into his vehicle and that she didn’t remember striking the car’s window with a rock.
Katz has repeatedly declined comment.
Police arrested her two days later for returning to her boyfriend’s house in violation of her restraining order.
Police also arrested Fisker for leaving profane messages on her answering machine, but the district attorney declined to press charges after determining the comments were directed toward a computer Katz had taken from the house, and not at Katz herself.
Fifth Judicial District Attorney Mark Hurlbert extended a plea offer that would defer judgment and sentencing on the criminal mischief and domestic violence charge for two years, but Katz would, in turn, have to enter a plea to the resisting arrest charge.
If she accepts the terms of the agreement, she would have to take 36 weeks of domestic violence classes and stay out of trouble for two years. The judge would, in turn, drop the charges. She also would have to enter a plea – either guilty or not guilty – to the resisting arrest charge.
However, if she decides not to accept the offer, Katz will face a jury trial on both charges. If she is convicted on the two Class 2 misdemeanors, Katz could serve up to a year in county jail on each charge, Hurlbert said.
The case was moved to Eagle because Katz has reopened her law practice after closing it this summer, and local judges felt they might have a conflict of interest if they heard the case.
At the time of the incident, some Breckenridge residents criticized her for having moved out of town last ski season, but kept her seat on the town council. Town council members are required to live within the town limits or forfeit their seat.
Katz, however, owns a condo at the south end of town and said last fall she would either move back into it after the season or give up her seat on the council if she were to continue living at Fisker’s house in Ten Mile Vista near the golf course. She now lives at Longbranch Condominiums on Wellington Street.
Jane Stebbins can be reached at (970) 668-3998, ext. 228, or
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