A California man accused of choking his girlfriend Saturday in Dillon has been charged with a felony under a new Colorado law, prosecutors said.
David Kirsch, 47, of Oredaca, Calif., was advised of the allegations against him Monday in Summit County court. The 5th Judicial District Attorney’s Office said he is accused of second-degree assault by strangulation.
District Attorney Bruce Brown says Kirsch is one of the first defendants arrested on the charge, which became effective July 1 through new legislation and was enacted to address the serious risks linked to choking.
According to prosecutors, Dillon police officers responded to the City Market in Dillon on Saturday where they met the victim, who reported Kirsch grabbed her by the neck at a nearby apartment where they were staying.
The victim had a swollen, bloody lip after being struck by Kirsch’s hand, the district attorney’s office said in a Tuesday news release.
“Before the new legislation, this case would most likely been prosecuted as a misdemeanor,” Bruce said in a statement. “However with the new law, bringing Colorado in step with many other progressive states who are toughening up laws that protect against domestic violence, we now have more teeth to prosecute. A bigger bite means hopefully fewer crimes as offenders get the message and those that don’t are incarcerated for longer periods, protecting the public.”
Kirsch’s next court date is Sept. 7. He is being held at the Summit County jail.
