A Grand Junction man accused of fatally stabbing a man in Cortez last year appeared Thursday in Montezuma County Combined Courts before Chief Judge Todd Plewe for a preliminary hearing.
Blake Welling, 63, is accused of stabbing David Grauberger at Speedway, 2021 E. Main St., on May 25, 2023, resulting in Grauberger’s death.
Welling is being represented by lawyers Benjamin Krumpelman and John Moran. District Attorney Christian Hatfield and Assistant DA Jason Eley of the 22nd Judicial District are tag-teaming the case for the prosecution.
During the hearing, two witnesses were called to testify. Sgt. Kurtiss Baumgartner, a responding officer to the scene May 25 was called first. The second witness called was Agent Stephon Lobato, who was an officer with Cortez Police Department at the time of the stabbing, but has since began working with the Colorado Bureau of Investigation.
Both witnesses stated that Welling and Grauberger had gotten into an altercation two nights before the stabbing after Welling arrived in Cortez on a bus from Grand Junction. The fight reportedly was over a woman who was with Grauberger that night.
According to a police report written by Baumgartner, Welling advised that he approached Grauberger to ask if “they were still having a problem.” Grauberger said yes, and Welling told police that he attempted to walk past Grauberger to use the restroom inside.
Surveillance footage showed that Grauberger attempted to push Welling’s cart, holding his possessions, off the sidewalk. As the footage continued, Grauberger attempted to punch Welling twice before Welling retrieved a knife from his pocket and stabbed Grauberger in the chest.
Welling told police that he acted in self-defense, believing Grauberger would try and kill him.
The defense brought up that Welling had soiled himself at some point during the incident, and asked Baumgartner if he had observed that on the scene. Baumgartner was not entirely sure, as he was not the officer to pat down Welling before his arrest.
The surveillance footage was introduced to the court as evidence and played while Lobato was testifying. Grauberger was observed approaching Speedway from the parking lot next door, while Welling approached the building from the south. Grauberger approached the defendant from behind, according to statements made in court, and Welling only acknowledged Grauberger when he came up beside him.
During closing statements, the prosecution had a simple message. They stated that Welling had knowingly stabbed Grauberger, causing death based on the testimony and evidence presented during the hearing.
The defense counsel had a lengthier closing statement, arguing that the idea that Welling had made the first contact was “ridiculous” because the surveillance footage showed Grauberger approach from behind.
They defended Welling, stating that when Grauberger grabbed the cart, pulling the knife from his pocket was a reasonable reaction. They also argued that Welling consistently moved away from Grauberger during the incident.
The defense went on to make statements about Welling’s thought process during the incident, stating that the fact Welling had soiled himself demonstrated how frightened he was by the incident.
Plewe stopped the defense’s closing statement, saying that at a preliminary hearing, the court cannot accept self-defense arguments. Those arguments can only be accepted during a trial in front of a jury or before a judge.
The defense finished their statement by saying that Welling had acted to stop Grauberger from attacking him, and did not have the intention to kill him.
The defense waived formal advisement and stated they would enter a plea of not guilty, and they expected that the trial would last no longer than five days.
Welling was also set for a bond hearing on Thursday. The defense asked for a personal recognizance bond after making the case that community members here strongly believe in self-defense, requesting that the court consider the likelihood of a jury understanding the self-defense case.
The prosecution asked for a bond of $25,000, stating that this was reasonable for the second degree murder charge that Welling faces. Plewe ruled that bond will be set at $25,000, stating that he would never set a PR bond for a second-degree murder charge in the first place.
Welling’s trial is set to begin on Dec. 2 at 8 a.m. at Montezuma County Combined Courts. Five witnesses are set to testify during the trial.
