Park County, sheri≠ sued over fatal eviction shootout

A former Park County sheriff ’s deputy says he was ousted after speaking out about the “inappropriate and reckless” actions of command staff that led to the fatal shootout with Martin Wirth, claiming in a lawsuit that he was made a scapegoat for the incident.

Welles Tonjes, who was demoted before resigning in the wake of the Feb. 24, 2016, gun battle, said he and then-Undersheriff Monte Gore appeared to be targeted after questioning the decisions Sheriff Fred Wegener made that day.

Gore resigned and was given a payout of $131,000.

Tonjes filed the lawsuit Friday in U.S. District Court in Denver, claiming that his free speech rights were violated, that the Park County Sheriff’s Office breached his contract, and that he was defamed and denied due process.

Tonjes’ claim is the second federal lawsuit brought against Wegener and the sheriff’s office in the wake of the shootout with Wirth, who had made multiple threats against law-enforcement officers before Park County deputies tried to evict him from his foreclosed home.

Wirth and Cpl. Nate Carrigan were killed during the gun battle and two other deputies were wounded.

Carrigan’s parents and Deputy Kolby Martin, who was shot several times, sued the sheriff’s office and Wegener, saying he was grossly negligent.

The Park County Sheriff ’s Office knew that Wirth, 58, had considered making his eviction a “SWAT call,” Colorado Bureau of Investigation records show.

Wegener has come under scrutiny for not using tactical officers to remove Wirth from his home. He has stood by his decisions.

Tonjes’ lawsuit also names the Park County Board of Commissioners, Wegener and Capt. Mark Hancock — who was a decision-maker during the Wirth encounter — as defendants.

The filing claims that sometime before the shootout, Gore had even instructed Hancock that “Park County officers should under no circumstance attempt to enter the Wirth residence.”

Tonjes said he emphasized to command staff that Wirth was highly volatile and potentially dangerous.

After the shootout, the lawsuit says, Tonjes and Gore discussed what had happened and agreed that fault should be placed on Wegener and Hancock.

Gore eventually brought his concerns to Hancock, who “became angry, appeared to choke and came up out of his chair aggressively.”

Tonjes was demoted and Gore placed on leave. Wegener said at the time that the men had been disciplined for “incidents surrounding the aftermath” of the attempted eviction.