Menacing

A criminal conviction led to an attorney’s disbarment in Colorado.

On October 25, 2013, two Colorado Springs police officers came to Respondent’s residence to assist another person in removing her property from the residence. That day, Respondent called 9-1-1 on more than one occasion and threatened to shoot police officers if they did not leave the area. He also told one of the police officers who came to his home that he was going to get a gun, and that it would not be pleasant for the officer if the officer was still there when Respondent returned.

Based on this conduct, Respondent was charged with one count of menacing, a class three misdemeanor under C.R.S. section 18-3-206, in El Paso County District Court. On February 13, 2014, Respondent pleaded guilty to the charge.  As set forth in his plea agreement, the elements of menacing are: that the defendant, in El Paso County, at or about the date and place charged, by threat or physical action, knowingly placed or attempted to place another person in fear of imminent serious bodily injury.

He had failed to notify disciplinary authorities of the conviction as required.

Pluses and minuses

Three aggravating factors are present here. First, Respondent was suspended from the practice of law for two years on June 24, 2013, under case number 13PDJ050.10 The conditional admission of misconduct in that case provided that Respondent pleaded guilty in 2010 to violating a Maryland protection order; that he pleaded guilty in 2011, also in Maryland, to second-degree assault; that he did not notify the People of either of those convictions; and that he pleaded guilty in 2013 to felony menacing, this time in El Paso County. The other two aggravating factors here are that Respondent has substantial experience in the practice of law and that his underlying conduct was illegal.

 The Court is aware of but one mitigator: Respondent faced other penalties and sanctions based on his menacing conviction.

The minuses won. (Mike Frisch)