Businessman accused of indecent assault
A co-owner of a downtown Jim Thorpe restaurant faces criminal charges after a server accused him of making unwanted sexual advances on her following closing time and then offering to pay off a debt she owed to keep her quiet.
Darren Behan, 52, of Jim Thorpe, was charged Thursday with indecent assault by forcible compulsion, indecent assault without consent and intimidation of a witness or victim, according to court records filed with Magisterial District Judge Eric M. Schrantz.
The charges stem from an incident at Molly Maguires Pub at 5 Hazard Square in Jim Thorpe on the evening of Feb. 8, according to an affidavit of probable cause filed by Jim Thorpe Police Detective Lee Marzen.
According to the affidavit, a server at Molly Maguires contacted police Feb. 16 to report that Behan, whom the affidavit describes as a co-owner of the restaurant, had made unwanted and forced advances on her.
She told police she had been working that Sunday evening when a dispute arose with another employee. Behan, who was serving as direct supervisor for the evening, offered to walk her to her vehicle and said he wanted to keep her safe and avoid any confrontation, according to the affidavit.
After the kitchen staff left and Behan turned the lights off, he asked her to sit and talk with him. According to the affidavit, Behan then asked if he could kiss her, to which she said no.
She told him she had worked at Molly’s for years and that he was married, and that she was uncomfortable and that his actions were inappropriate, police said.
Behan then stood up and moved closer to her, placed his hand on her waistband and pushed against her and kissed her, according to Marzen’s affidavit.
The affidavit states that later Behan began pacing and panicking, telling her he would go home and kill himself.
According to the affidavit, Behan then told her “he would pay my $300 debt to his brother for me not to say anything.”
She told police she felt pressured to stay and was aware that Behan carries a firearm. She gave Behan a hug when he asked for one, then ran out of the restaurant, according to the affidavit. Behan later called her multiple times, apologizing and telling her “how soft her lips were,” police said. She decided to block his phone number.
She subsequently reported the incident to Behan’s brother, Mark, who the affidavit says was very upset and concerned. On Feb. 14, Behan hand-delivered a letter to her at work apologizing for his actions on Feb. 8, according to court documents.
When Marzen contacted Behan by phone on Feb. 19, Behan said his attorneys had advised him not to speak with investigators. But before ending the call, Behan made a statement to the detective.
“I know what I did,” Behan said, and he said he apologized, according to the affidavit.
Bail was set at $50,000 unsecured by the magisterial district court.
A preliminary hearing is scheduled for April 1 at 2 p.m. before Schrantz. Indecent assault by forcible compulsion is a first-degree misdemeanor under Pennsylvania law.
The witness intimidation and second indecent assault charge are each second-degree misdemeanors.