A man held on charges of second-degree murder at the Montezuma County Detention Center since May 2023 was released Friday afternoon after District Attorney Jeremy Reed filed a motion to dismiss the case.
“Life these days is confusing,” said Travis Grauberger, the victim’s younger brother. “I’m not surprised when something like this comes along and is overlooked.”
Blake Welling, 62, of Grand Junction, stabbed David Grauberger, 38, in an act of what he said was self-defense during an altercation near the Speedway in Cortez, at Main and Cactus streets on May 25, 2023.
Grauberger later died at the hospital from a severed ventricle.
“Why don’t you go ahead and tell me why we’re at this point,” said Chief Judge Todd Plewe. “We’re already set for trial and have litigated the case.”
“Certainly I can appreciate the court’s frustration,” Reed started.
Reed explained that he was involved in the case at its inception, and “was then out of the DA’s office in the intervening year, so I had no knowledge or input about … what was happening.”
On Jan. 14, when Reed reentered the 22nd Judicial District, he did “an independent and new review of the evidence” and concluded that there’s a “valid self-defense claim that the people would not be able to overcome in trial.”
“The only appropriate action I see is for me to move to dismiss,” Reed said.
Plewe asked whether he had consulted with the victim’s family regarding the dismissal.
“I did, your honor,” said Reed. “While I don’t believe they’re in agreement with the dismissal, I was able to relay my reasoning to them.”
Travis, the victim’s brother, said he understands Reed’s position, and how “his hands are tied.”
“But someone’s life was still taken, someone was still murdered,” he said.
David had struggled with his mental health his whole life, Travis said.
“But that shouldn’t determine whether his life was any less important to us.”
Plewe and Reed then discussed the question of dismissing with or without prejudice.
Closing a case with prejudice means the court closes a case permanently, whereas closing a case without prejudice leaves the possibility of it being reopened.
“Given the fact that this case has already been through a preliminary hearing and that we are scheduled for a jury trial to begin in less than two weeks’ time, a dismissal with prejudice is only appropriate,” Plewe said.
“The case is sealed, and Mr. Welling you are free to go so long as you don’t have any other holds.”
