Theater Menacing (CRS 18-3-206) near Weld County

Wearing a costume at a movie theater can now be a crime in Greeley, Hudson, Berthoud, and other areas of Weld County. Recently, a young man walked into a movie theater in northern Colorado dressed as “the Joker” from the Batman movie franchise. People inside the theater were terrified at his entrance and called the police as they fled. The man did not have a gun or any other type of weapon and told police he was only dressing up as a trial run for next Halloween. He was arrested and charged with five counts of misdemeanor menacing (CRS 18-3-206).

Menacing is described in the Colorado Revised Statutes as “any threat or physical action, which knowingly places or attempts to place another person in fear of imminent serious bodily injury.” This man’s intent was not to hurt anyone, even though he did admit to police he was trying to scare his friends. This admission could have led police to believe they had the right to arrest him on menacing charges. Never speak to police without an attorney.

Everyone can admit that the joke was in poor taste in light of the recent shooting in an Aurora, Colorado theater, where the suspect made repeated references to the “Joker,” a villain depicted in a previous Batman movie. But should this young man’s actions be considered criminal? We consider this case to be outlandish and a huge over-reaction by police. Surely they were acting out of the hyper sensitive society that has been created since the terrible shooting in Aurora. This young man needs to get an experienced criminal defense attorney quickly before these ridiculous charges become a criminal record.

If you are approached by Weld County sheriff’s deputies or Greeley police for menacing or another crime, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.