On Tuesday, Denver officials admonished the “inappropriate” behavior of Rep. Lauren Boebert (R-CO) during a recent theater performance of “Beetlejuice” but declined to press charges against the representative after exchanging lewd physical affection with her date and was vaping.
“While Congresswoman Boebert’s conduct in the theater was clearly inappropriate and disrespectful, we concluded that it does not warrant a criminal prosecution,” Matthew Jablow, a spokesperson with the Denver District Attorney’s Office, told the New York Post.
Thirty-six-year-old Boebert was caught on camera allegedly groping Aspen bar owner Quinn Gallagher while he touched her breasts during a family-friendly performance of “Beetlejuice: The Musical” at the Temple Hoyne Buell Theater on Sept. 10.
The Republican politician was also accused by theater employees of vaping, singing, recording with her phone and “causing a disturbance,” and she was eventually removed from the show along with Gallagher.
Boebert was seen allegedly flipping off one of the employees as she was removed from the building.
Former Denver Chief Deputy District Attorney Craig Silverman said that while he agreed that Boebert’s actions weren’t extreme, there was enough evidence to bring charges for public indecency and smoking indoors.
“It will come down to prosecutorial discretion” on whether Boebert would face charges, Silverman argued.
Silverman, who worked in the DA’s officer for 16 years, said the public indecency charge is a misdemeanor, and carries days in jail in the case of a conviction. Vaping inside is a violation of the Colorado Clean Indoor Air Act and only carries a $200 fine.
“As you exercise prosecutorial discretion, you first have to think, ‘This is a petty offense and maybe we should just let it go,’” Silverman said. “And then you realize that there are potentially several offenses combined with horrible behavior while leaving — which could cause a reasonable prosecutor to say, ‘This is worthy of filing a criminal case.’”
“The question becomes whether an average person would have been charged under similar circumstances,” the lawyer said.
However, in any situation, Silverman believes it would be very unlikely that Boebert had faced any jail time if charges had been filed.
Boebert, a self-described “eccentric” congresswoman, announced on Monday that she broke things off with Gallagher, the co-owner of Hooch Craft Cocktail Bar, after finding out he was a Democrat.
She said that when she found out his political stance, she told him “all future dates are canceled” and later joked that she “learned to check party affiliations before you go on a date.” She insisted the split was unrelated to the incident in the theater.
Boebert blamed her behavior on her divorce from her estranged husband of 18 years, Jayson Boebert, who spoke out in her defense, saying people should give her a chance, and blaming her behavior on his own cheating and their “devastating divorce.”
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