According to court documents, Bernfeld was approached by Hirsch at about 3:15 a.m. Hirsch appeared intoxicated, and asked why she looked "so tough" and said she was a "rich kid" who should not be at Sundance. He then grabbed Bernfeld, but she pushed him away and he left the area with some friends.
Shortly after, Hirsch came up to Bernfeld from behind and wrapped his arm around her to put her in a chokehold, say the documents. Hirsch then pulled her across a table and onto the floor, where he landed on top of her. While on top of her, he wrapped his arms around her neck.