Steamboat Springs police arrested a man over the weekend for allegedly threatening bouncers at Sunpie’s Bistro with a gun on Saturday, according to an arrest affidavit.

Robert Gaines, 33, was arrested around 11:26 p.m. Saturday and charged with prohibited use of a weapon, a Class 1 misdemeanor, and menacing, a Class 5 felony.

According to the affidavit, Sunpie’s bouncers told police that Gaines had been in the bar and drinking “for a while” and started “talking very loudly and being disorderly.” 

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One of the bouncers then asked Gaines to leave the bar, but Gaines reportedly did not comply. The bouncer then “forcibly” removed Gaines from the bar, according to the affidavit.

The affidavit states that Gaines left the premises after being removed from the bar, and then returned about five minutes later. When he returned, the bouncers “noticed and stopped Gaines.”

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According to the affidavit, bouncers told police Gaines lifted his jacket, allegedly displaying a gun in a holster on his waistband. He then “grabbed ahold” of the gun and allegedly stated, “I have this.”

The bouncers then “tackled” Gaines and restricted his movement while law enforcement was contacted.

According to the affidavit, Steamboat police arrived on the scene around 11:28 p.m. When officers arrived, “approximately six males” were holding down Gaines on his stomach outside of the bar.

A Steamboat police officer “grabbed ahold” of Gaines’ arm and asked him if he had a firearm. Gaines stated that he had a gun in a holster in his waistband, and then complied with police commands, according to the affidavit.

The affidavit then states that officers were able to obtain the gun from Gaines’ waistband, which was a Smith and Wesson 9mm M&P Shield Plus.

According to the affidavit, police noticed that Gaines’ speech was “slurred,” his eyes were “red and watery,” and his breath smelled of alcohol.

Gaines provided police with his concealed carry handgun permit, then explained that he was at Sunpie’s earlier in the night, had one drink and was carrying the gun “in a concealed manner,” according to the affidavit.

Gaines also told police that he was at the bar with a group of friends, and one of the people in the group was “not allowed into the bar,” continues the affidavit. He stated that he went into the bar with the group of friends, had one more drink and then left.

According to the affidavit, Gaines stated he went to move his car and then returned to the bar to apologize to the bouncers for “pressing the issue of not letting his friend in.”

Gaines then told police that the bouncers “grabbed” him and “lifted up (his) jacket and noticed the firearm,” according to the affidavit.

The affidavit adds that Gaines said he was “pushed into the snowbank” and held down by the bouncers and other individuals. Gaines then told police that he has cancer and showed officers a tumor and a “device” that he uses for his cancer, the affidavit states.

“We are reviewing the evidence and are prepared to vigorously defend Mr. Gaines,” said Gaines’ lawyer, Stacy Marczak-Grande, in an email. “The allegations in this case are just that — allegations. Mr. Gaines maintains his innocence and looks forward to the opportunity to present a full and fair defense. We strongly urge the public to avoid speculation and allow the case to proceed in accordance with the law.”

Gaines was released from the Routt County Jail on a personal recognizance bond. He will appear in court at 11 a.m. April 9.