9Wants to Know has learned the family of slain Park County Deputy Nate Carrigan is considering a wrongful death lawsuit against the Park County Sheriff’s department.

Carrigan died on Feb. 24 after he was shot while serving what Sheriff Fred Wegener has called “a high-risk eviction” on a man who had previously threatened law enforcement. The suspect, 58-year-old Martin Wirth, was also shot and killed during the confrontation.

Carrigan family attorney Donald Sisson told 9NEWS the Carrigan’s believe the shooting should’ve never happened.

Last week Sisson filed a Colorado Freedom of Information Act request with the county in an indication the family might be considering a suit in the case.

Sisson told 9Wants to Know’s Anastasiya Bolton today he filed the request on behalf of the family asking “the county to preserve all the evidence in the case.”

In a statement, he said, “We’re evaluating the merits of a lawsuit against Park County for the wrongful death of Nate Carrigan.”

“The family is waiting for the shooting report investigation from the 11th Judicial District Attorney,” Sisson said.

9Wants to Know asked the county for a copy of the open records request field by the family’s attorney.

The request asks for, “All docucuments (including e-mails, electronic messages, letters, memos, or other documents) electronic recordings, audio recordings, or other communications which have occurred between past and present members of the Park County Sheriff’s Department, and the Carrigan family”.

They also asked for the same kind of correspondence between the family and former Under Sheriff Monte Gore. Gore recently reached an agreement with the county in which they paid a $131,128 settlement to Gore for his resignation from the department. The terms of the agreement keep Gore and all county employees including Wegener from commenting on the settlement.

The family’s attorneys are also asking the department to keep all reports, witness statements and other evidence in the case.

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