The Uninvited
The Colorado Presiding Disciplinary Judge approved a stipulated suspension of nine months with a requirement that he must petition for reinstatement
In February 2023, Loveland police officers were dispatched to investigate a physical disturbance involving Hart. When the officers arrived, they contacted the victim, J.B., whose nose appeared crooked. J.B. was also bleeding from his mouth. Hart and J.B. were neighbors but had never met before this incident. J.B. explained that he was inside his apartment with his wife, their son, B.B., and J.B.’s three-year-old grandson. Hart came to their apartment uninvited because he said “he heard something wrong” coming from their apartment. Hart told law enforcement that he went to “investigate” loud noises and yelling. J.B. and his family asked Hart to leave, which he initially did. But Hart returned a short time later, refused to leave, and “stepped up” at B.B., who was standing near his three-year-old son. J.B. and his family felt threatened; they told Hart that they would defend their family and call the police. Hart then struck J.B. in the face. J.B. used various techniques to restrain Hart until he calmed down. Hart continued to act aggressively and to make threatening statements, including that he was going to take J.B. out and that J.B. would feel the pain. According to J.B., his wife was very shaken by this incident.
Hart was not cooperative with law enforcement officers, who reported that they smelled a strong odor of alcohol on Hart’s breath and that they observed indicia of intoxication. Officers also saw an open can of beer in Hart’s apartment. Hart denies that he was drinking.
Hart pleaded to one count of second-degree assault as part of an eighteen-month deferred judgment and sentence. He was ordered to complete a mental health evaluation. Under Hart’s probationary terms in his criminal case, Hart must refrain from consuming any alcohol during his probation and is subject to testing for substances.
In March 2017, Hart was arrested for criminal mischief. While intoxicated, Hart aggressively confronted a group of four children playing at a nearby residence. One of the children was photographing a vehicle parked in front of a no parking sign. Hart demanded that the child stop taking pictures, ripped the sign off the fence, and threw the sign at two children, missing them. He then yelled profanities at the children and the mother of two of the children, and he aggressively stepped toward the mother, causing her to be afraid. Hart was intoxicated during this event. He later pleaded guilty to municipal criminal mischief as part of an unsupervised deferred judgment. Hart failed to report this conviction to the Office of Attorney Regulation Counsel.
On Halloween that same year, Hart approached a residence carrying a bag of candy. A child answered the door. The child’s grandmother witnessed Hart place his hand on the child’s cheek. Hart told police that he had been walking his dog and he denied going to any houses, knocking on any doors, or interacting with anyone in the houses. He now admits, however, that he went to the child’s home, gave him a fist bump, and patted him on the cheek. Hart was intoxicated during this incident. A municipal jury found Hart guilty of harassment with physical contact. His deferred judgment in the criminal mischief matter was revoked, and he served probation in both matters. He again failed to report this conviction to the Office of Attorney Regulation Counsel. Hart states that he has not consumed alcohol since April 2018, and he has successfully completed his supervised probation, which included about nine months of urinalysis tests.
(Mike Frisch)