SWAT damages property, owners stuck with $20k bill

ELIZABETH, Colo. — Town administrators have told a couple who own a small apartment building that the municipality won’t pay for the extensive damage after its police force shot numerous bullets and tear gas canisters through walls and windows while executing an arrest warrant. 

9NEWS covered the incident on Oct. 15 when police exchanged gunfire with a man inside an apartment owned and leased out by Jan Fitzgerald and her husband Steve.

The man wasn’t a tenant but was visiting people inside the unit and died after the SWAT team stormed the property. The incident is still under investigation, town officials told 9NEWS. 

“This is horrible. This is quite the debacle,” Fitzgerald said after being told the town wouldn’t cover damages to the apartment unit. 

Fitzgerald said the estimated cost to repair multiple bullet holes, blown-out windows, damaged carpet, blown-out doors and damaged walls is more than $20,000. 

“They could have done something a whole lot different than what they did,” Fitzgerald said of the police response. 

She said police should have arrested the man outside of the unit instead of causing substantial damage at her apartment unit to confront him. 

“It was excessive,” Fitzgerald said. 

Fitzgerald shared an email from Elizabeth Town Manager Patrick Davidson explaining why the town wouldn’t pay for the damages. 

“The Town is not responsible for the damage incurred to the apartment.  It is our understanding that the person referred to as a “visitor” was a tenant of the apartment, and whether on the lease or not, had resided at the apartment long enough to be considered a tenant. Second, if damages are due, the tenant who signed the lease is the responsible party for damages, not the Town of Elizabeth,” Davidson’s email reads. 

Davidson sent a statement to 9NEWS affirming the town’s position. 

“Based on the information available to date, and under Colorado Law, it does not appear the Town of Elizabeth is responsible for any damages to the apartment.  Upon completion of all pending investigations, the Town may review these matters anew,” Davidson said. 

The predicament is very similar to the case in Greenwood Village in which police destroyed a home while trying to apprehend a shoplifting suspect in 2015. 

Homeowner Leo Lech, who also had nothing to do with the crime or suspect, attempted to get police to cover the damages through a lawsuit. However, the 10th Circuit Appeals Court sided with the police. 

Lech attempted to get the case before the Supreme Court which ultimately declined to accept it. 

Fitzgerald said she was aware of the Lech case and knows the law is not on her side. 

“This shouldn’t happen to anybody. Let’s change the law somehow,” she said. 

If you have any information on this story or would like to send a news tip, you can contact jeremy@9news.com.