Disorderly Conduct and Destruction of Property Charges

My question involves criminal law for the state of: Colorado
I was charged with a misdemeanor Disorderly conduct and misdemeanor destruction of property under $400. The night of the incident happened at restaurant I use to work at but was fired for complaining of health code violations and lack of sanitation standards. I have been threatened multiple times by a cook I use to work with, that he would kick my @$$ whenever he saw me. He was drinking after his work shift, which the restaurant promotes by giving the employees free shift drinks. I had a feeling he was feeling "tough" and mentioned this to my girlfriend who was with me the entire night. At the closing of the bar I had to use the bathroom while my girlfriend and I waited for our friend, the bartender to finish work and give us a ride to our home. When going to the restroom the other participant who has threatened my numerous times was coming out the bathroom. I turned around to walk away and he said "We need to squash this sh*t" which I replied, "I don't have to do anything". I turned around again to walk away and he yelled "**** that" threw his phone at me or the ground, and advanced at me. I turned slightly and head butted him. He staggered backwards and I turned around to leave. Again he came at me and I pushed him back from me by extending my arm against his throat. His head hit the wall of the narrow hallway the bathrooms resided in, making a small hole. Again at this time I turned and left as quickly as possible and went outside. He again chased me outside and I guess thought better of his attempts. My girlfriend and I started walking home to avoid any other conflicts. While a block away from my home and bathroom I was stopped by the police and questioned, I asked to speak with a lawyer before giving any statement and I was given a ticket for disorderly conduct and destruction of property. No photos were taken of me or my hands, only of the "victim" the city is accusing me of. And a statement made by a cocktail waitress who wasn't even present during the altercation. The other cook was there and said he will be a witness for me, but my girlfriend has to work during the trial and would have to miss work. Is there anything I can enter prior to the trial date on May 8th 2014 to request for it to be dismissed on lack of evidence or have my witness's statements heard prior. Sorry I have drawn this out, just worried about how to handle this case properly.
I would appreciate any help offered.

It appears there are large gaps in your story that the jury will be sorting out.

Can't get a public attorney or afford to buy one.

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no jury trial, can't afford. Sorry I didn't think you were wanting a play by play action with a timeline. And what gaps? I have been threatened publicly by this guy. Every employee of this restaurant has heard him threaten me and I have two witnesses who saw the whole thing and the cops didn't question them.

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Are you an attorney? Do you know any motions or laws I could incite besides Colorado Revised Statutes 18-1-704, the right to self defense? Any questions I should ask my witnesses or not ask? Any motions I can enter prior to the trial date to request dismissal due to lack of evidence?

They have evidence. They have statements and pictures that were taken.

Your problem is that the facts of the case are sufficiently murky (I'm sure the other guys version is completely different than yours) that a prosecutor will likely want a jury to decide. It is also possible that the prosecutor may offer you a deal.

Has this been scheduled for trial or has it not gotten to that point yet?

The other guy refused to make a statement, they took pictures of his face, and the one statement, only one statement was from the cocktail waitress who didn't see anything, but had called the proprietor of the restaurant and he told her to contact the police. The cops didn't question the cook who was standing there blocked from exiting the bathroom and saw everything of what had happened. The trial date is already set for next month. I am requesting the police reports from the prosecutor but they still aren't returning my calls.

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also, they set the trial right from the first appearance, no discovery hearing or pretrial conferences.

Another problem is that the 2 charges you are facing do not revolve around whether you acted in self defense. The disorderly conduct is likely because you engaged in the fight and thus were disorderly.

The destruction of property is probably for the hole you put in the wall with your opponent's head.

But without knowing the prosecutor's case, we can only guess.

Never threw a punch. Used reasonable force defend myself from an imminent threat.

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Quoting Kevin_P

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Never threw a punch. Used reasonable force defend myself from an imminent threat.

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That is NOT a defense to what you are charged with. You are charged with being disorderly, which people in a fight are, and damaging property in the course of said fight.

Self defense does not mean you weren't fighting.

Being in a fight does not require you to "throw a punch". Head butting someone? Yup, that's fighting. Forcibly shoving someone against a wall in a manner that could have caused serious injury? Yup, that's fighting.

I’m really not sure what kind of advice or help you are expecting. You are being charged with two offenses. You were arrested, released with a citation, and given an appearance date. The charges have been forwarded to a prosecutor. There are really no “motions or laws I could incite” to make this go away prior to your appearance date. You’re “witnesses” are certainly free to go to the police and/or prosecutor and give their statements. You are free to go to the police and/or prosecutor, waive the rights that you invoked that night, and provide the version of events that you declined to provide prior to your arrest. You are also free to hire an attorney to represent you and have the attorney present when you make your statement. But, none of that is likely to result in the prosecutor calling you up and saying, “Gee. We’re sorry to have inconvenienced you with an arrest and court date. We’re dropping all charges. So, you can skip that court date you were given.”

As everyone else here has stated, you are not being charged with assault. So, your claims of self defense are entirely moot. But, in point of fact, I strongly suspect that the only reason you were not charged with assault is that your opponent chose not to cooperate as the victim in this incident. Your description of the incident does not make it sound like you used reasonable force under the circumstances. The circumstances being: your opponent stating that your disagreement should be “squashed,” throwing a cell phone on the ground, and walking towards you. None of that constitutes an “imminent threat” sever enough to justify your response. A shove to the chest to stop his advance? Yeah, that might be reasonable…Maybe. But, the violent strikes you inflicted (a head butt to the face, a blow to the throat, and bashing his head against a wall), any of which could reasonably be expected to result in significant bodily injury? Absolutely not reasonable!

Go to your scheduled court date, plead not guilty, and (presuming you qualify) ask for a public defender. Discuss the incident with the attorney and see what the attorney thinks about your chances for any defense argument.

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Quoting Kevin_P

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My question involves criminal law for the state of: Colorado
I was charged with a misdemeanor Disorderly conduct and misdemeanor destruction of property under $400. The night of the incident happened at restaurant I use to work at but was fired for complaining of health code violations and lack of sanitation standards. I have been threatened multiple times by a cook I use to work with, that he would kick my @$$ whenever he saw me....

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If that is true....that you were threatened and fired from the place, then why in the heck are you going back there? That is the first question I would have were I on a jury. At first glance, it would appear to me as a neutral observer, that by going back to an employer that you had a bad experience with, that you were only asking for trouble...especially since it is a bar.

If you are really concerned about health standards at that greasy spoon you worked at, did you file a complaint with the health department in the state and suggest that they check the place out for health code violations?

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Quoting Kevin_P

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My girlfriend and I started walking home to avoid any other conflicts.

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You need a lawyer. Your story does not wash. If you were truly threatened by that place then why in the heck are you taking your girlfirend there putting her safety at risk? You should be asking yourself these questions.

Your assertion that you can not get a public defender is not true. Take a look at this link...

http://pdweb.coloradodefenders.us/

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Quoting Kevin_P

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I have been threatened publicly by this guy. Every employee of this restaurant has heard him threaten me and I have two witnesses who saw the whole thing and the cops didn't question them.

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So there are witnesses who will testify that even though this guy threatened you, you are still going to his place of work and also taking your girlfriend there and putting her at risk? Just think for a minute how a jury or a prosecutor or a judge would think about that...while you are considering your lack of evidence or self defense theories...

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Quoting Kevin_P

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...restaurant I use to work at but was fired for complaining of health code violations and lack of sanitation standards.

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Another of your assertions that makes absolutely no sense to me, if you know factually that the the restaurant has a lack of sanitation standards and health code violations, then why on earth would you patronize them and also take your girlfriend there to eat and or drink there and put your health at risk?