Our local news reports:
Mueller, who had been having marital problems with Sheen, rented a home in Aspen for several months, according Web site RadarOnline.com,. Sheen flew out to be with her and their two sons for the holiday but things got out control, according to a source quoted by RadarOnline.com. The couple began arguing and according to the source Mueller said that Sheen pushed her and she then called 911.
It ends with:
According to TV Guide, Sheen is currently the highest paid actor on television, earning an estimated $825,000 for each episode of "Two and a Half Men."
He must also has some clout. Numerous earlier news reports said Sheen would spend the weekend in jail because he was arrested on Friday and the courts are closed until Monday.
Sheen was arrested by the Aspen Police Department on Friday morning, and is being held with no bond. As with all domestic violence cases, Sheen will remain in the jail until his case undergoes its initial judicial review.
But, he was released on the $8,500.00 bail tonight
after "speaking with a county judge." (Added: the
Aspen Police Department says he was advised Friday evening by a district court, not county court judge.) His publicist says:
Sheen's publicist Stan Rosenfield released a statement saying, "It would benefit everyone not to jump to any conclusion."
Apparently, bail bondsmen do good business on Christmas. According to Jeff McLaughlin, a bondsman from A Bad Day Bail Bonds in Longmont, CO:
The holidays tend to attract people who commit domestic violence, DUI and driving with a suspended license crimes. "Good people make bad decisions sometimes," he said.
Update: According to the Aspen Police Department press release, Sheen was booked at 11:20 am, but the 911 call was made at 8:34 a.m and they responded immediately. I wonder why it took 3 hours to book him.
Update: I'm wondering whether a gun or a knife was involved, or whether Sheen tried to resist arrest. Sheen is charged with second degree assault, a class 4 felony (unless it's heat of passion, in which case it's a class 6 felony.) (C.R.S. 18-3-203.) The possibilities under the statute include:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer or firefighter engaged in the performance of his or her duties,
(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.
(Section (a) has been repealed.) Second degree assault is a crime of violence in Colorado, and requires a mandatory prison term. Under C.R.S. 18-1.3-406:
Any person convicted of a crime of violence shall be sentenced pursuant to the provisions of section 18-1.3-401 (8) to the department of corrections for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range provided for such offense in section 18-1.3-401 (1) (a), as modified for an extraordinary risk crime pursuant to section 18-1.3-401 (10), without suspension.
The statute lists the crimes the sentence enhancement applies to, and among them are first and second degree assault. So, if Sheen were convicted on that count, he'd have to be sentenced to at least 3 years (the midpoint in the presumptive range, which for a class 4 felony is 2 to 4 years.)
An ambulance was called but the police department says his wife didn't need to go to the hospital, which would seem to rule out "serious bodily injury." Yet, he's charged under the second degree statute which requires either a serious bodily injury, bodily injury through use of a deadly weapon, or bodily injury while resisting police. It will be interesting to see why they charged him under this statute.
Update: Another indication a gun (or other weapon such as a knife) may have been involved is the charge of felony menacing. The statute (18-3-206) reads:
(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
As to the criminal mischief charge, that's damaging property, and for the class 1 misdemanor that Sheen is charged with, the amount of damage to the property is between $500 and $1,000.
Update: Citing law enforcement sources, TMZ reports both Sheen and his wife were tested for alcohol. His wife registered .13, (anything over .1 is considered under the influence) while Charlie registered .04 (not even impaired.) TMZ says he will raise self-defense and allege his wife was the aggressor. It also reports his wife recanted her story and told an officer before the judge set bail that she was drunk when she made the call. Interesting, as the call was at 8:34 a.m.
Update: His Aspen lawyer says:
"I think ultimately what you'll see is there was no criminal conduct whatsoever."
So it now sounds like: Sheen's wife was drunk, called 911, later recanted and took blame for blowing the incident out of proportion.