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.

Evacuation drill an exercise not in futility
Main, News...
Evacuation drill an exercise not in futility
County's first full-scale training May 15 meant to 'test where our holes are'
By Lia Salvatierra lia@ouraynews.com 
April 29, 2026
Sirens will wail and residents will likely see emergency vehicles headed through Ridgway, up County Road 5 on May 15. Traffic will filter back into town, with residents headed to an evacuation center....
this is a test
Mine owner proposes water treatment
Main, News...
Mine owner proposes water treatment
Unable to reduce heavy metals in Red Mountain Creek, Newmont exploring building plant atop pass
By Erin McIntyre erin@ouraynews.com 
April 29, 2026
The company that owns the Idarado Mine is exploring the idea of building a treatment plant on Red Mountain Pass to remove heavy metals from water flowing into Red Mountain Creek. Representatives from ...
this is a test
News
Town mulls affordable housing mandate
Ridgway may require 10% of units to be deed restricted
By Lia Salvatierra lia@ouraynews.com 
April 29, 2026
The town of Ridgway will consider requiring developers to reserve 10% of units within market-rate residential projects as affordable housing for local workers and retirees. The proposed “community hou...
this is a test
County raises 4-H use fees
News
County raises 4-H use fees
Commissioners approve first facility rate increase since 2015
By Lia Salvatierra lia@ouraynews.com 
April 29, 2026
Fees for using the Ouray County 4-H Event Center and Fairgrounds are going up for the first time in more than a decade, with the aim of making the facility’s operations self-sustaining. It’s the large...
this is a test
News
County holds firm on road access
Commissioners issue notice of violation to high alpine property owners, seek removal of gates
By Lia Salvatierra lia@ouraynews.com 
April 29, 2026
Ouray County may sue the owners of properties north of Red Mountain Pass if they don’t agree to remove two gates and restore public access to a road owned by the county and the U.S. Forest Service. Co...
this is a test
Letters, Opinion...
MTN Lodge’s refusal to pay tax appalling
April 29, 2026
Dear Editor: I’m appalled at the MTN Lodge's blatant refusal to pay the lodging tax to the town of Ridgway. MTN Lodge has entered into a multiyear agreement with Merrimac Ventures to lease out all of ...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTER TO THE EDITOR
Road through Calhoon land is indeed public
April 29, 2026
Dear Editor: I am writing to respond to the paid advertisement by Aaron Calhoon in last week's Plaindealer. There is no doubt that the Calhoons are well-liked, respected and valued long-time members o...
this is a test
News
CORRECTION
April 29, 2026
A news brief on Page 3 in the April 16-22 edition about a faulty culvert mischaracterized comments made by Ouray County Road and Bridge Superintendent Ty Barger. Barger did not say the culvert was ins...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
More needs to be done to protect Yankee Boy
April 29, 2026
Dear Editor: The Ouray County Commissioners' work session on April 15 discussed plans to repair damage to the road in Yankee Boy Basin. The discussion was centered on repair of road areas damaged by a...
this is a test
Super El Niño could be boon for parched area
Columns, Opinion...
Super El Niño could be boon for parched area
By Karen Risch 
April 29, 2026
After three months of desperately dry Colorado weather, there’s finally good news. ENSO-neutral conditions are now present and favored from April-June (80% chance). “From May-July 2026, El Niño is lik...
this is a test
Looking Back
News
Looking Back
April 29, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago April 28, 1966 The postal savings system, a long-time institution of the United State...
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