Industry News
A year-and-a-half-old criminal case in Pitkin County, Colorado, finally gains some traction as the person allegedly responsible for the accident at Aspen Mountain last year finally appeared in court, albeit virtually. The incident happened on February 24, 2024, when Brooklyn resident Riku “Eric” Banushi allegedly lost control and hit Aspen resident Anne Cassidy from behind near the base of the Silver Queen Gondola. The snowboarder then allegedly fled the scene, leaving the victim on the ground with several injuries, including two torn anterior cruciate ligaments (ACL), a torn medial collateral ligament (MCL), a medial root injury, and a shoulder injury.
Cassidy had been stopped on the side of the slope at the time, talking to her friend Katy Frisch when the incident occurred. Frisch skate-skied after the perpetrator and confronted him while a bystander, who is not associated with Ms Cassidy, also approached Banushi. After Banushi threatened the unidentified eyewitness with physical assault, they captured footage of the snowboarder and reported him to Ski Patrol. Initially, Cassidy’s attorney Michael Fox filed a lawsuit in Pitkin County against an unknown perpetrator. Fox subpoenaed video surveillance from SkiCo, asking the lift operating company at Aspen Mountain to turn over all the video surveillance around the Silver Queen Gondola from February 24, taken between 11:30 a.m. and 12:08 p.m. Due to “Skier ID” technology on Aspen’s ski passes, the identity of the snowboarder could be confirmed from the surveillance footage.
In addition, Fox also cross-referenced Banushi’s own social media footage with the other footage he had obtained and was able to positively identify Banushi as the snowboarder in question and the court case was amended on May 10. In September 2024, the prosecutor filed charges but the case was unable to move forward due to Banushi’s absence at a scheduled November court appearance. This prompted a warrant to be filed for his arrest that was later dropped when he finally made an appearance in May of this year. Two weeks ago on September 9, prosecutors were able to offer Banushi a plea agreement in court. The Pitkin County Judge then proceeded to set up a hearing for October 22, where Banushi will decide whether to take the plea. Otherwise the case will go to trial.
Banushi is expected back in Pitkin County Court on October 22, when he must decide whether to accept the plea agreement or take the case to trial. If he accepts, the plea deal could reduce the severity of the charges or potential penalties, but rejecting it would open the door to a full trial and the possibility of stiffer consequences. In addition to the criminal court case, Cassidy also filed a civil lawsuit again Banushi.
Cassidy alleges Banushi violated the skiers’ and snowboarders’ responsibility code. When purchasing a lift ticket or season pass you legally take responsibility for yourself and your actions within the ski area boundaries as laid out in the terms and conditions of the respective resort. Banushi violated Code 1, 2, and 10 of the Aspen Snowmass responsibility code as stated in the terms and conditions at Aspen Snowmass. Code 1 stipulates that users must always stay in control and must be able to stop or avoid people or objects. Code 2 states that people ahead or downhill have the right-of-way and you must avoid them, while Code 10 says that you have to share your contact information with each other and a ski area employe if you are involved in a crash—all three of which Banushi violated.
While the skiers’ responsibility code is not a law but a guideline, courts often treat it as a standard of care, meaning it’s used to measure whether a skier acted negligently. If a skier violates the code—as is the case here—that can be legal evidence of negligence. When accidents result from a refusal to adhere to the code, it’s not just individuals who suffer but the entire industry.
