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Sheriff's Office Didn't Think Eviction Would Come To Violence

By Kelly Werthmann

BAILEY, Colo. (CBS4)- More often than not, evictions are peaceful. Yet there are cases where the homeowner refuses to leave, potentially creating a volatile environment for law enforcement like what happened in Park County on Wednesday.

"It didn't need to come to this," Park County Sheriff Fred Wegener said Thursday. "This was an eviction. This was something we do on a routine basis, just like our fellow sheriff's offices in the state of Colorado."

When Park County deputies went to evict Martin Wirth, 58, from his home on Iris Drive in Bailey, they knew there was a risk because of his prior contacts with law enforcement. Just last month, Wirth threatened to shoot police, according to an incident report from the Jefferson County Sheriff's Office.

Yet Wegener never believed the eviction Wednesday morning would take a violent turn.

"Nothing to the extent that I would've ever thought that he would shoot at somebody," Wegener said during a press conference Thursday afternoon.

Yet that's exactly what happened after three deputies followed Wirth into his home. Wirth opened fire with a rifle, killing Corporal Nate Carrigan and injuring two others.

"That's not something I would've done, just knowing these people in the past," Grant Whitus, a former SWAT leader in Jefferson County, told CBS4's Kelly Werthmann. "I would've stayed outside and took cover and had them come to us."

Whitus said high-risk evictions usually involve SWAT teams.

"If you believe he's that much of a risk, you'd stop, have him come out using the blow horn or the PA on the car," he said. "If he doesn't come out, then you may gas him to come out, so no risk on going in after him."

Wegener said that using SWAT is not an option his office has.

"I wish I had all those resources. I don't," he said. "Park County is a different kind of community."

Whitus said the Park County Sheriff's Office has called on Jefferson County's SWAT team before, but in this case, considering it resulted in an outcome no one predicted.

"They knew it was high level, they knew about him," Whitus said. "They had six officers there, including the captain and sheriff, so they knew it was a very high level going in. That's why they had six. They did the best with what they had."

Wegener added during the press conference that he wish there had been a different outcome. Instead, he is now grieving with his office and surrounding community.

Kelly Werthmann joined the CBS4 team in 2012 as the morning reporter, covering national stories like the Aurora Theater Shooting and devastating Colorado wildfires. She now reports for CBS4 News at 10 and is always open to story ideas. Connect with her on Facebook or Twitter @KellyCBS4.

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