DA says fatal Wellington shooting was legal use of force

By JoAn Bjarko
North Forty News

The Larimer County District Attorney's Office decided on Nov. 12 that a sheriff's deputy acted legally when he fatally shot a man during a standoff north of Wellington.

No criminal charges will be filed against the officer, Sgt. Michael Loberg. "The degree of force used by Sgt. Loberg was reasonable and appropriate," District Attorney Stuart VanMeveren wrote in a letter to Sheriff Jim Alderden.

Loberg, 36, has worked with the sheriff's department more than 10 years. On Nov. 2, he fatally shot Michael John Welch, 53, at the victim's home at 15274 N. County Road 7, just west of Interstate 25.

Since the incident, two of the victim's relatives have been charged with several felonies related to the standoff. Their next court appearance is scheduled for Dec. 2.

At a press conference on Nov. 4, Alderden showed videotape that indicated Welch was pointing a sniper rifle at officers surrounding the home just seconds before Loberg shot the man. The video, taped by a camera in a patrol car parked some distance from the house, is not distinct. It does, however, show a man standing in the doorway, holding a weapon and moving into another position, probably to shoot from behind an overturned dresser.

The district attorney concluded that it was clear from the videotape and from officer statements that Welch "was in the process of acquiring a target through the scope on his rifle."

The incident with Welch and other family members started with a routine traffic stop at 9:05 a.m. near the Windsor exit of I-25. The victim was riding in the backseat of a car driven by Lori Romero, 34. The victim's son, Michael John Welch Jr., 31, was a passenger in the front seat. All three lived at the Wellington residence.

According to Trooper Ron Watkins of the Colorado State Patrol, no one in the vehicle could produce identification, so the patrolman asked for names and birth dates. He then determined that Michael Welch Jr. was wanted on several felony warrants. When the trooper returned to the car, it sped away. Patrol officers pursued the vehicle at speeds exceeding 100 miles an hour.

After reaching the residence on County Road 7, the occupants of the vehicle ran into the house. Watkins said a shot was fired from inside the house about 9:45 a.m. Officers believed the shot was directed at them, he said.

Several officers with the county sheriff's department arrived to assist the CSP, including Loberg, who was on duty in the Wellington area at the time. Alderden said Loberg, a member of the SWAT team, always carries his SWAT equipment in his patrol car.

Sheriff's Deputy Aaron Gropp, one of the officers at the scene, told reporters he had focused binoculars on Welch and saw him raise what appeared to be a long rifle. "I yelled out he was scoping us," Gropp said, "and one second later I heard the sound of a gunshot." The shot came from Loberg.

Sam Eggleston, an investigator with the coroner's office, said Loberg shot Welch through the neck, perforating his spine. The victim would have died within seconds, Eggleston said. The investigator also said the trajectory of the bullet indicates Welch would have been in a crouched position.

"I believe Sgt. Loberg saved not only my life but the other officers that were there," said Gropp.

The sheriff's office subsequently negotiated the surrender of the younger Welch and Romero. Romero's 14-year-old son was allowed to leave the home prior to the adults' surrender. He came out with documents the suspects wanted turned over to the victim's wife, Yolanda Welch.

Alderden said Michael Welch Jr. had no local criminal history prior to a July 2, 2003, no-knock search at the house on North County Road 7. During that search, the Larimer County Drug Task Force seized 30 firearms, marijuana and other drug paraphernalia.

After the raid, the younger Welch was charged with eight felonies and had been on the county's most wanted list since Sept. 19. Charges include six counts of possession of a dangerous weapon, theft by receiving and marijuana cultivation.

Alderden said that about a month ago, the Welch family filed a letter of intent to sue numerous law enforcement agencies for $10 million because of the no-knock search.

After the Nov. 2 standoff, three additional felony charges were filed against Welch: first-degree assault for threatening a peace officer, first-degree assault for conspiracy to threaten a peace officer and menacing. Welch was released from jail after posting two $50,000 bonds.

Romero has been charged with five felonies: two counts of first-degree assault, menacing, vehicular eluding and being an accessory to a crime. She was released from jail after posting a $25,000 bond.