By Brian Maass

BAILEY, Colo. (CBS4)– A Park County communications report obtained by CBS4 shows that the Park County Sheriff’s Office had advance warning of at least some of the danger posed by activist Martin Wirth before deputies attempted to evict him in an action that turned deadly.

Park County Corporal Nate Carrigan was killed in the shootout with Wirth, two other Park County deputies were shot but survived and Wirth died in the gunbattle.

Cpl. Nate Carrigan and Martin Wirth (credit: CBS)

Cpl. Nate Carrigan and Martin Wirth (credit: CBS)

The newly obtained report obtained by CBS4 is known as a CAD report- a computer aided dispatch report- which details actions taken by deputies and other first responders down to the second. The account is essentially all radio traffic from that day transcribed. According to the report, five deputies were going to be sent to the Wirth home on Iris Drive around 9 a.m. Feb. 24.

“There was an active alert on the address,” states the report. “This address is going to be foreclosed on. Martin Worth(sic) who lives here, is threatening anyone who tries to take his property” according to the dispatchers notes.

That account differs from previous statements by Park County Sheriff Fred Wegener who previously told CBS4, “Never had any indication from past comments that he was going to be violent. We didn’t have any real indication he was going to shoot somebody.”

The detailed account begins shortly after 9 a.m. with a deputy noting “smoke on chimney tire tracks driveway shoveled.”

One deputy noted Wirth’s “truck is in the garage.” Deputies ask over the radio, “Are we ready to head out… is medical ready to go.”

At 9:36 a.m., one deputy says, “Nate and I are staged just waitin’ on you guys,” an apparent reference to Carrigan.

The call log indicates deputies taking positions around Wirth’s property. At 9:41, a deputy says, “Starting to move through trees toward res.”

(credit: CBS)

(credit: CBS)

Three minutes later, a deputy says “Rolling.” At 9:45, the first sign of trouble as a deputy says “movement.. male on deck.” Seconds later, the communication log shows one deputy saying “Sub going back in res,” meaning Wirth was going back into his home.

“He saw us from upper deck talked to us and went back” reported a deputy. About a minute later, the communication log shows at least one deputy expressing concern. “Giving him too much time,” read the transmission log. At 9:48, a Commander tells deputies “Get his att at the door.”

A deputy appears to respond, ”Trying he’s not coming”. But about 30 seconds later a deputy reports “Going through door.” Just 21 seconds later, someone reports “shots fired” and three seconds after that, “Officer down.”
Several minutes later one of the deputies’ reports, “Nate down and not moving.” Less than a minute later a deputy says “Help him.”

Carrigan was killed by a single gunshot even though he was wearing a bullet proof vest. The round traveled through an area on his body not protected by his vest.

Copter4 flew over where the shootout happened in Bailey (credit: CBS)

Copter4 flew over where the shootout happened in Bailey (credit: CBS)

The Colorado Bureau of Investigation was asked to investigate the violent eviction. CBS4 obtained a copy of the CBI crime scene report but District Attorney Thom Ledoux has declined to release witness statements about what happened saying his investigation is ongoing.

A CBI videotape from the inside of Wirth’s home depicted two handguns- one next to a computer monitor and a second in a bedside drawer. Authorities also say Wirth was armed with a .45 caliber carbine rifle. The CBI says an estimated 72 shots were fired in and around Wirth’s home during the violent confrontation.

The family of Nate Carrigan has been critical of the operation believing the tactics and strategy was poorly thought out.

Carrigan’s father, John, told CBS4, “My grandson is seven years old and would know not to follow someone back into a house.”

CBS4 Investigator Brian Maass interviews John and Melissa Carrigan (credit: CBS)

CBS4 Investigator Brian Maass interviews John and Melissa Carrigan (credit: CBS)

Don Sisson, an attorney for the Carrigan family, said “Release of the witness statements is crucial. There’s a ton of unanswered questions in this case. Who gave the order to breach the structure? What was the sheriff’s knowledge? Did the sheriff give the order? We don’t know the answers and obviously the witness statements are going to tell the story.”

Sisson said the CAD report obtained by CBS4 reinforces the need for release of witness statements in the case and more information for the family of Nate Carrigan.

CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.