DA drops harassment charges | SummitDaily.com

DA drops harassment charges

BRECKENRIDGE – District Attorney Mark Hurlbert dropped harassment and domestic violence charges against Andy Fisker Friday.

The Breckenridge-area man was arrested on suspicion of leaving two obscene messages on his girlfriend’s cell phone.

His girlfriend is J.B. Katz, a Breckenridge town councilmember and an attorney who no longer practices.

Katz was arrested April 10 after the two began to argue when Fisker came home from work, according to sheriff’s reports. She allegedly blocked his path as he tried to leave the house, then reportedly used a rock to break a window in his car. Sheriff’s Office reports also say Katz tried to bite an officer as they were trying to arrest her.

Katz faces charges of domestic violence-assault, criminal mischief, harassment and resisting arrest. Katz was rearrested April 12 when she reportedly violated the terms of her restraining order by returning to Fisker’s house to retrieve some of her personal belongings.

Fisker called her to ask her to return computer discs on which he keeps business information, according to reports. Police arrested him later that day.

“There was no evidence of a crime,” Hurlbert said. “To be harassment, he has to initiate a conversation with the intention of harassing, threatening bodily injury or property damage or making any comment, request or proposal that is obscene. His intent was to get his stuff back. Although he used obscene language, it was geared toward his stuff, not her.”

Hurlbert dropped the domestic violence charges because to charge someone with domestic violence, there first has to be a crime. One cannot, Hurlbert said, be convicted of just domestic violence. Usually, domestic violence charges go hand-in-hand with charges of harassment or assault.

County Court Judge Ed Casias recused himself from Katz’s case because he worked alongside her prior to his appointment to the bench. Eagle County Judge Fred Gannett will hear the case.

Unlike Casias, Gannett pretries misdemeanor and traffic cases. That means the district attorney will meet with Katz’s attorney, Terry O’Connor of Edwards, and try to reach a plea agreement. The next time Katz will appear in court will be for sentencing. That date will be set after Gannett hears the case.

Jane Stebbins can be reached at (970) 668-3998 ext. 228 or jstebbins@summitdaily.com.

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