Videos Login Subscribe Renew E-edition
logo
ePaper
coogle_play
app_store
  • News
  • Features
  • Opinion
    • Columns
    • Letters
  • Obituaries
  • Classifieds
    • Place a Classified
  • Advertise
  • Contact us
  • Legal Notices
    • Read Statewide Legal Notices
  • Archives
    • News
    • Features
    • Opinion
      • Columns
      • Letters
    • Obituaries
    • Classifieds
      • Place a Classified
    • Advertise
    • Contact us
    • Legal Notices
      • Read Statewide Legal Notices
    • Archives
News
By Erin McIntyre, on October 13, 2022
Ridgway man not guilty of stalking, mischief

A Ridgway man has been found not guilty of felony stalking and misdemeanor criminal mischief in a case stemming from neighbors’ accusations that he repeatedly harassed and damaged their home.

A 12-person jury acquitted David Gottorff last week of these charges, on which he stood trial in Ouray County District Court after his next-door neighbors, Spencer Fuller and Erin Graham, accused him of shooting BB guns at their surveillance cameras, damaging the side of their house with rocks and other projectiles, and pantomiming shooting with his fingers at their security cameras and loudly singing songs they said were intimidating and meant to harass them.

The jury decided quickly, returning the verdict after about 90 minutes of deliberation during the four-day trial.

This case is the latest in a long history of conflicts between the neighbors, which came to a head in April when a judge granted a permanent protection order to Fuller and Graham, preventing Gottorff from contacting them at home or their business. Gottorff has also been involved in several cases related to conflicts with Colorado Boy Pizza and Brewery, his former employer Andy Michelich and others since 2019.

During this case, the prosecution presented evidence from the night the protection order went into effect, including a video of Gottorf singing that he was going to ‘raze this town’ and ‘we’re gonna escalate,’ as well as ‘drop you where you stand,’ and ‘I’m gonna terrorize your s***,’ among other lyrics and howling in the middle of the night in the backyard. They painted a scene where the neighbors lost sleep over Gottorff’s behavior and were afraid to use their home.

District Attorney Seth Ryan and Deputy District Attorney Rachel Allen also presented evidence that Gottorff had said, ‘cold beer, warm fire, hot lead,’ a statement Gottorff said was meant for Ridgway Marshal Shane Schmalz. Prosecutors also referenced a conflict between the neighbors over a sun shade in April 2021, in which Gottorff was recorded saying the officers would be ‘shot to s***’ if Fuller called police.

Gottorff has repeatedly called for Schmalz to be fired and has filed several complaints with the town about him. None have been substantiated.

During the trial, the jury viewed video evidence of Gottorff in his backyard, recorded by motion-activated cameras on the neighbors’ property, and heard evidence from several incidents recorded by those cameras.

The videos presented by the prosecution did not, however, show Gottorff actually shooting the side of the house or throwing rocks, causing damage to the neighbors’ siding.

Overall, the jury did not find the prosecutors met the burden of proving Gottorff was stalking his neighbors or was the one who damaged their house, according to one juror the Plaindealer spoke with on condition of not using the juror’s name.

The juror said Gottorff’s testimony showed another side to the story – one they agreed was about a longstanding ‘unfortunate’ conflict between the neighbors.

‘It seemed like they were just egging each other on,’ the juror said.

One of the keys to finding in favor of Gottorff was the motion- triggered camera pointed at his home, which had a light that would illuminate even when he was moving within his house.

That evidence, the juror said, seemed to show the neighbors had gone to great lengths to record his movements, to the point of invading his privacy within his home. As for Gottorff pantomiming the shooting with his fingers at the Ring camera, the juror said they didn’t think it was necessarily proven to be directed toward the neighbors.

‘Maybe it was just toward the camera that was driving him insane,’ they said.

A key piece of missing evidence the jury discussed was the lack of concrete evidence that Gottorff himself had damaged the neighbors’ home.

‘Out of all of those videos they had, they never showed him throwing the rocks. They never even showed the rocks coming at their house,’ the juror said. ‘There were rocks on the ground and there were dents in the siding, but it didn’t show him (doing it).’

Overall, the juror characterized the conflict as a sad situation and said, ‘I feel sorry for them. I’m sad he can’t get along with his neighbors.’

Visiting senior Judge Kenneth Plotz presided over the trial and thanked the jurors for their time and attention.

Gottorff’s attorney, Nick Kreider of Montrose, argued that Gottorff, in fact, was the one enduring the harassment of being surveilled in his own backyard.

“The presence of the cameras themselves is harassing,” he told the jury during closing arguments.

He also told the jury Gottorff has the right to sing stupid songs in his backyard and lyrics were part of his ‘creative process.’

Kreider also argued Gottorff knew the neighbors weren’t home the night of April 7, when much of the recordings were obtained, and that the cameras the neighbors used to record him presented a problem.

‘It did kind of give an intimate view into Mr. Gottorff’s property,’ he said. ‘It probably did serve to antagonize him more than to dissuade him.’

Kreider said Gottorff’s testimony gave him a chance to tell his side of the story, and that he has faced ‘very negative public perception,’ which manifested itself in the number of potential jurors that were excused. There were at least 50 called for jury selection and most of the Ridgway citizens who were called were dismissed.

Kreider urged people to accept the jury’s decision and move on.

‘Maybe put away the pitchforks a little bit and find peace with the verdict here,’ he said.

Ryan said he respected the jury’s decision and thanked them for their service.

Kreider said he intends to follow up with one incident that happened on the third day of the trial. One of the jurors told the bailiff she had received a text from Michelich, who has been involved in conflicts and court cases with Gottorff in the past. The contents of the text were not made public, but it was enough to get the woman dismissed from the jury. The rest of the jurors knew there was a text and that she was dismissed, but didn’t know what the text said.

Kreider and Ryan were both looking into the threshold for state laws on jury tampering. Ryan would make the decision on whether to pursue any potential legal consequences. ‘I think that kind of speaks to the lengths that some people are going to try to run Mr. Gottorff out of town,’ Kreider said of the text.

Firefighters gain ground on Gold Mountain Fire
Main, News...
Firefighters gain ground on Gold Mountain Fire
Sheriff allows some evacuees to return home; blaze shifts away from populated areas
By By Mike Wiggins, Erin McIntyre and Deb Hurley Brobst mike@ouraynews.com erin@ouraynews.com 
July 8, 2026
Residents forced to flee the Gold Mountain Fire north of Ouray nearly two weeks ago returned to charred landscapes but fully intact homes Wednesday, an indication that authorities believe the threat h...
this is a test
Despite fire, downsized Fourth celebration marches on
Main, News...
Despite fire, downsized Fourth celebration marches on
By Erin McIntyre erin@ouraynews.com 
July 8, 2026
A scaled-back Fourth of July celebration of the 250th birthday of the United States and 150th birthday of Ouray attracted thousands to the city, despite the cancellation of fireworks, water fights and...
this is a test
First fire, then floods? Leaders start planning for next potential emergency
News
First fire, then floods? Leaders start planning for next potential emergency
By Deb Hurley Brobst Special to the Plaindealer 
July 8, 2026
Even though the Gold Mountain Fire is still burning, Ouray County officials are already thinking about flash flood risks in the burn scar as Colorado moves into monsoon season. “This is a predictable ...
this is a test
News
Water providers ask customers to pull back
Ridgway enacts mandatory irrigation restrictions
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
July 8, 2026
Water managers in Ouray County are asking residents to curtail water use and avoid putting more demand on their distribution systems in light of the Gold Mountain Fire and ongoing tinder-dry condition...
this is a test
News
Looking Back
50 Years Ago
July 8, 2026
July 7, 1966 Charges have been filed in Ouray County Court against three Ouray youths for violation of state statutes in climbing over a fence at the municipal swimming pool last Friday and breaking b...
this is a test
News
Following outcry, Ouray seeks gym solutions
City may move fitness center to empty building, assess bathhouse for possible remodel
By Mike Wiggins mike@ouraynews.com 
July 8, 2026
The city of Ouray is thinking about moving the fitness center from inside the historic bathhouse at the Ouray Hot Springs Pool to an empty building across the street from the Ouray Community Center. C...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
A foam-filled Fourth
News
A foam-filled Fourth
July 8, 2026
this is a test
Good For You!
Feature
Good For You!
Celebrating 90 years, Neighbor to Neighbor's 20th anniversary and Ridgway mayor honored with good governance award
July 8, 2026
Neighbor to Neighbor celebrated its 20th anniversary in Ouray County with a potluck at Pa-Co-Chu-Puk at Ridgway State Park on June 25. Pictured here from left to right are: Alice Goertz, Patty Ratliff...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
July 9-23, 2026
July 8, 2026
Thursday, July 9 Ridgway Concert Series: Black Uhuru with opener Psylo, free concert in Hartwell Park, 6 p.m. No dogs or outside alcohol allowed. Youth Garden Club: Compost Basics for ages 8-18, from ...
this is a test
Some evacuated areas will reopen to residents Wednesday
News
Some evacuated areas will reopen to residents Wednesday
By erin@ouraynews.com 
July 7, 2026
The Ouray County sheriff is allowing some residents to return to their homes in evacuated areas starting Wednesday morning. The sheriff's office approved re-entry for credentialed residents who live i...
this is a test
Wildlife displaced by fire, residents can help by providing water for animals
News
Wildlife displaced by fire, residents can help by providing water for animals
Commissioners to discuss emergency plans for flooding
By James Hanlon, Special to the Plaindealer 
July 7, 2026
Wildlife escaping the Gold Mountain Fire are moving closer to town, prompting state wildlife officials to advise the public on how they can simultaneously help animals and give them the space they nee...
this is a test
Facebook

Remote-triggered avalanche in San Juan Mountains

First responders receive first COVID-19 vaccines

Ouray County Plaindealer
Office address:

195 S Lena St. Unit D
Ridgway, Colorado 81432
970-325-4412

Mailing address:
PO Box 529
Ridgway CO 81432

This site complies with ADA requirements

© 2023 Ouray County Plaindealer

  • Contact
  • Advertise
  • Accessibility Policy