Gottorff convicted of five felonies, could face years in prison

A Ridgway man accused of threatening three Ouray County law enforcement officers and employees and stalking one of them was convicted last week on all charges and could face prison time when he’s sentenced in September.

A 12-person jury found David Gottorff, 47, guilty of five felony charges on July 28 — three counts of attempting to influence a public servant and single counts of menacing and stalking. The jury deliberated about three hours before reaching its decision following a three-day trial.

Gottorff alternately hung his head and shook it as 7th Judicial District Judge D. Cory Jackson read the verdicts aloud. He was taken into custody after the hearing and booked at the Montrose County Jail, where he will be held without bond until his Sept. 7 sentencing.

7th Judicial District Attorney Seth Ryan announced in a news release Gottorff could be sentenced to up to 18 years in prison.

Ryan told the Plaindealer he was “extremely satisfied” with the verdict and proud of the hard work his team put into the case. He specifically commended the work of Ouray County Undersheriff Tammy Stroup, who led the investigation.

With the guilty verdict, “the community is definitely in a safer position,” Ryan said.

Defense attorney Nick Kreider did not respond to a request for comment.

Prosecutors alleged during the trial that between early October 2022 and the end of January 2023, Gottorff posted a series of messages on social media and made phone calls threatening several law enforcement officers. Specifically, Gottorff targeted Ridgway Marshal Shane Schmalz, Ouray County sheriff’s investigator Bernie Chism and sheriff’s employee Shelly Kuhlman. In one call, prosecutors said, Gottorff threatened to kill Kuhlman.

In some online posts, Gottorff claimed he had the legal authority to “take human life” while performing a “citizen’s arrest” of Schmalz. He also posted photos of himself posing with an AR-15, in a post stating, “consider the bear poked … provoked and defending his den and territory.” In one post, Gottorff claimed if an officer contacted him it would be the “end of watch,” a term used to mark the date a police officer is killed in the line of duty. He also posted demands of Chism, claiming he owed him seven days in jail, money, loss of employment and compensation for emotional distress.

“This is your notice of collection … how would you like to pay? Failure to pay your debts in full will result in the collection of this debt by any means necessary without further notice,” Gottorff posted. This led prosecutors to charge Gottorff with attempting to influence a public servant.

Schmalz testified during the trial Gottorff followed him on one occasion, and that, coupled with Gottorff’s social media posts, left him fearful Gottorff would ambush him.

During closing arguments, Kreider argued Gottorff’s social media posts constituted legal and protected speech. He said Gottorff was subjected to online harassment after he was acquitted last fall in a stalking and criminal mischief case involving his neighbors, and that he was trying to raise public awareness about his frustration with local law enforcement and his belief police weren’t taking his harassment complaints seriously.

Kreider claimed Gottorff felt ostracized in the community, and that he has to “watch his back” in Ridgway.

Ryan, however, told the jury those arguments were a distraction. He said the case wasn’t about Gottorff’s neighbors but about Gottorff’s behavior that put law enforcement officers in fear, which affected their personal lives and how they went about their jobs.

Ryan told the jury there are many ways Gottorff could have expressed his frustration toward law enforcement in a non-threatening way.

“He did it in a threatening way,” Ryan said.

In arguing for Gottorff to remain free on bond pending sentencing, Kreider noted the threats were largely contained to social media, and that Gottorff was concerned about taking care of personal business before sentencing, including his job and pets.

Ryan, though, said he was concerned about the safety of law enforcement and the community based on Gottorff’s behavior prior to and after he was arrested and charged. He asked that Gottorff be taken into custody and held without bond prior to sentencing.

Jackson ultimately sided with Ryan, saying the case involved “substantial threatening behavior.”

The conviction marks the latest in a long line of criminal and civil cases filed against Gottorff in the region in the last few years, including: Gottorff was previously convicted of misdemeanor harassment in 2021, in a case involving his former employer, Andy Michelich, who operates Western Slope Rides. Gottorff has had ongoing legal battles involving his disparagement of Colorado Boy restaurants in Ouray and Ridgway.

A county court judge ordered Gottorff to pay $2,500 for not following court orders and harassing Colorado Boy and its owners in 2021. Judge Kurt Beckenhauer ruled Gottorff violated protection orders when he continued to retaliate against the business that banned him in 2019. A different judge, County Court Judge Sean Murphy, handed down a written judgment in March stating Gottorff was held in contempt of court in the Colorado Boy protection order case. Murphy ordered that Gottorff and his attorney, Daniel Shaffer, were jointly responsible for more than $17,000 in attorney fees and costs for Colorado Boy. Shaffer previously represented Gottorff as alternate defense counsel, paid for by taxpayers, when Gottorff claimed indigency. He has since hired private attorneys.

Gottorff was acquitted by a jury in a stalking and mischief case last fall, in a case where his neighbors accused him of repeatedly harassing them, shooting BB guns at surveillance cameras and damaging the side of their house with rocks and other projectiles. He was banned from contact with these neighbors, Spencer Fuller and Erin Graham, with protection orders.

Chief District Court Judge Steven Patrick issued an order in June requiring Gottorff to pay more than $104,000 in court costs and attorneys’ fees in a Gunnison County case involving Gottorff’s home at Lake Irwin. In that case, the county filed a civil suit in 2021 against Gottorff for failing to install a septic system at his cabin, and alleged he had been dumping raw sewage from a pipe into the forest. The county documented attempts to get Gottorff to comply with health and safety regulations since 2017, and responses from Gottorff ordering the county to “cease and desist” with its notices of violation. The county also obtained protection orders for county workers after Gottorff threatened he had “a noose for them,” according to court records. Gottorff has previously claimed the courts have no jurisdiction over him.