An Incident In Pueblo
The Colorado Presiding Disciplinary Judge accepted a stipulated disbarment for multiple violations
In December 2020, two clients paid Gradisar $12,500.00 as a retainer. Gradisar took the funds for his own use even though he knew that he did not perform legal services to earn the funds and knew that his clients had not authorized him to take the money. Gradisar closed his office in July 2021 but did not notify his clients or inform them that he was no longer practicing law.
In another matter, two clients paid Gradisar $10,000.00 in May 2021 as an advance retainer for his representation in a trial set for June 2021. On Gradisar’s motion, the court continued the trial until January 2022 and scheduled a status conference for September 2021. On July 1, 2021, Gradisar was administratively suspended from the practice of law. He did not notify the court or his clients of his suspension or move to withdraw from the case. Gradisar failed to appear at the status conference. Gradisar informed his clients of his suspension more than five months after it took effect, telling them that he had prepared for their trial and would petition to reinstate before the trial date. The week before trial, the clients moved to continue the hearing, stating that Gradisar did not notify them of his suspension until late December 2021. On the hearing date, the court denied the motion and dismissed the clients’ case with prejudice. Gradisar knew
that he did not earn the $10,000.00 trial fee and that his clients had not authorized him to take their funds for his own use. Even so, he used the funds for his own purposes.
During his suspension, Gradisar performed legal work by sending a letter written on his office stationary to a collection company on behalf of another; attending court appearances; exchanging paperwork to finalize a client matter; preparing for a trial and paying himself for the work from the client’s retainer; and discussing potential legal work with clients.
Finally, Gradisar was arrested in April 2022 for felony criminal mischief related to domestic violence. In June 2022, he was charged with criminal mischief, a class-five felony, in Pueblo County Court. Gradisar did not notify disciplinary authorities of the case, which remains pending. In November 2022, Gradisar’s significant other sought a temporary restraining order against him related to a domestic violence complaint. The court granted a temporary civil protection order and continued the order in January 2023. A permanent protection order hearing was set for April 2023.
KRDO reported on the arrest
The son of Pueblo Mayor Nick Gradisar and a prominent attorney faces felony criminal mischief charges following an incident in Pueblo on April 23.
Douglas Gradisar is accused of causing between $5,000 and $20,000 in damages to the inside of a home he shared with his former girlfriend, Shawna Santistevan.
According to court documents, Gradisar was originally charged with felony menacing, domestic violence, and harassment.
Arrest documents obtained by 13 Investigates say his former girlfriend, the victim, called the Pueblo Police Department on the morning of April 23, 2022. She told police that Gradisar said their home had been broken into and there was extensive damage inside the home.
Officers entered the home and saw “broken furniture on the ground and broken glass on the floor.” She told police most of the broken items belonged to her, arrest documents say.
As officers began searching the home, they found that Gradisar’s pinball machine, arcade game, and music equipment were all intact. The victim provided 13 Investigates with photos of the damage inside her shared home with Gradisar.
Pueblo Police officers arrested Douglas that morning. He was booked into the Pueblo County Jail and two days later posted a $5,000 personal recognizance bond and was released.
However, on April 28, documents were filed that said the case was dismissed.
More than a month later on June 6, Chostner filed a motion to reinstate the case. Court documents say “additional follow up investigation was conducted by the Pueblo Police Department and additional information was provided to the District Attorney’s Office.”
For the last three months, 13 Investigates has asked for answers about what evidence was missing in the initial investigation and what “additional follow up” was done.
Pueblo Police Chief Chris Noeller issued this statement to 13 Investigates:
The case is still open and active so I can’t go into detail, but there were additional interviews that needed to be conducted, and evidence that needed to be collected that was not collected by the officers that night.
Pueblo Police Chief Chris Noeller
When asked about what new evidence came to light, Noeller said:
“As soon as I discovered the deficiencies with this case, I had a detective from our Special Victims Unit assigned to investigate the case and conduct further follow up. This follow up was conducted and the case with the new information was presented to the DA’s Office. Unfortunately, I cannot discuss the evidence in this case as this is an ongoing investigation and as you noted still in active court proceedings. I don’t want to affect the case one way or another. What I can say, as I’ve stated in the past, is this was not an example of our best work and for that I apologize to all involved. We caught the deficiencies, we’ve addressed them with our staff, and we completed a more thorough investigation which the DA’s Office reviewed and has charged. To state anything further would be inappropriate at this time.”
Pueblo Police Chief Chris Noeller
13 Investigates first learned of Gradisar’s charges in late April. A citizen informed Pueblo City Council member Regina Maestri of the charges. She says she became concerned when the charges were put into a “no-action” posture.
“Obviously something took place and as I further looked into it, I found that the accused was trying to have the records sealed,” Maestri said.
Maestri is referring to an effort made by Gradisar’s defense attorney Adam Schultz to seal the records related to the case.
The motion was filed on May 3 by Schultz. In response, Chostner indicates that there is a possibility of charges being refiled in the case. They asked Judge David Alexander to not grant the motion to seal all records related to the case. Judge Alexander chose not to seal the records.
“I was elected and stood to be a voice for this community,” Maestri said. “To bring change to this community, to bring transparency to this community.”
The victim in the case told 13 Investigates that she is worried for her safety and did not feel comfortable speaking out. Maestri says she never wants a Pueblo citizen to feel like they can’t speak out.
“If victims do not feel comfortable speaking out, I am comfortable speaking out for any victim in this community because that is what you elected me for,” Maestri said.
13 Investigates reached out to Pueblo Mayor Nick Gradisar for comment on his the allegations against his son. Gradisar said:
I love my son and it is shameful that my status as an elected official makes some people believe that his legal troubles, which have nothing to do with me, can be used to politicize his unfortunate situation.
Mayor Nick Gradisar
Maestri said she is not speaking out as a way to seek political gain or politicize the situation. Rather, to shed light on how prevalent domestic violence crimes are in Pueblo.
“That’s is a selfish statement from the Mayor. That he is more worried about his political career than he is about the well-being of our community,” Maestri said. “I’ll have critics for coming forward and being a voice for all victims, especially with this one being the Mayor’s son.”
The City Council member cited two domestic violence homicides occurring in early 2022 as a large reason for feeling the need to come forward.
13 Investigates reached out to Chief Noeller and District Attorney Chostner for interviews regarding this case. Both declined and cited open investigations and ongoing litigation as the reasons why. Gradisar’s defense attorney Adam Schultz declined to comment on his client’s charges as well.
Gradisar will be back in court on September 1.
(Mike Frisch)