Windom Council Approves Emergency Ordinance Following Drake Avenue Shooting
More details are emerging about Saturday’s shooting incident in Windom that resulted in a nearly day-long law enforcement response, the arrest of a 69-year-old Windom man and extensive damage that left his Drake Avenue home structurally unsafe.
The Windom City Council met in emergency session Monday afternoon and approved an emergency ordinance related to the property at 1048 Drake Avenue, ratifying actions taken to address the immediate danger posed by the damaged structure and authorizing the city to secure remaining hazardous conditions.
The incident began shortly after 3 a.m. Saturday, September 19th, when the Windom Police Department was dispatched to the 1000 block of Drake Avenue for a report of shots fired. According to an updated release from police, a resident reported that a neighbor had fired at their home and rounds had entered the residence.
Police Chief Scott Peterson told the council Monday that officers established a perimeter after arriving and attempted to establish communication with the individual inside the home. Officers continued to hear gunfire, and Peterson said at one point a round landed approximately 10 feet from an officer positioned in a backyard.
The High Risk Entry and Arrest Team, or HEAT, was called to assist. According to police, multiple shots continued to be fired from inside the residence during the incident, with rounds striking neighboring homes and a vehicle.
Police used PA announcements and other measures in repeated attempts to gain compliance before tactical measures were taken to gain access to the residence.
The suspect, identified by police as 69-year-old James Carey of Windom, was eventually located barricaded in a crawl space beneath the home and taken into custody. Police said Carey suffered a self-inflicted gunshot wound during the incident and was transported to a Sioux Falls hospital. According to the department’s latest information, he was in stable condition.
Peterson told the council the department has hired a security firm to maintain custody of Carey while he receives medical treatment.
Police said several firearms and a large supply of ammunition were located in the crawl space. Reports have been submitted to the Cottonwood County Attorney’s Office for review and consideration of formal charges.
No responding officers or other members of the public were reported injured.
Once the law enforcement operation ended Saturday afternoon, attention turned to the condition of the Drake Avenue residence.
Windom Fire Chief Ben Derickson told the council the Fire Department had been placed on standby and then released then brought back to the scene for further consultation early Saturday afternoon.
Derickson and Assistant Fire Chief Jordan Bussa then inspected the property and found extensive structural damage. Derickson said approximately one-third of the street-facing side of the house had been removed or compromised, along with roughly half of the rear side. Both were load-bearing areas of the home.
Derickson said the structure could have collapsed at any time and warned officers who were still inside collecting evidence about the danger.
Windom Building and Zoning Official Matt Fast was then called to inspect the property. Fast reported damage to the foundation, floors, walls and roof-support system. According to Fast, virtually all of the structural elements providing lateral and vertical support had been compromised. Those findings are also documented in the city’s emergency council packet, which determined the structure was unsafe and presented a danger to people and neighboring property.
Officials were particularly concerned about a portion of the house that had shifted off the foundation and was resting on the natural gas meter.
Firefighters initially shut off the gas at the meter, and Minnesota Energy later responded, removed the meter and secured the service. Officials remained concerned that an uncontrolled collapse could damage the remaining gas line and potentially create an additional hazard.
After consultation with city officials and the city attorney, a contractor was brought in to push the damaged structure down to a point where officials determined it no longer presented an immediate collapse hazard.
Other neighboring homes were also struck by gunfire during the incident. Derickson told KDOM those homes remained structurally sound.
At Monday’s emergency meeting, City Attorney Pamela Whitmore explained that the city’s charter, city code and state law provide authority to take immediate action when a condition presents an imminent threat to public health or safety. She said Monday’s emergency ordinance formally ratifies the emergency demolition action and authorizes the city to continue securing the remaining hazardous conditions at the property.
The council packet describes extensive damage and includes photographs showing large portions of the structure missing and the interior exposed.
The remaining debris will now move through the city’s normal nuisance abatement process.
Whitmore told the council that a search of the property found no mortgages or liens. The listed property owner died in 2019, and Whitmore said the estate appears to have gone through an informal probate process that was never finalized. She has located the personal representative of the estate in Indiana, who will be served with notice as the city moves forward.
Whitmore said she will prepare an abatement resolution for the council to consider. If approved, the personal representative would have 20 days to respond after being formally served and the then the court proceedings could take up to 90 days.
The estate could address the remaining debris itself or potentially enter into a voluntary agreement allowing the city to complete the cleanup and assess the costs to the property. If the matter is not resolved voluntarily, the city could seek authorization through District Court to carry out the abatement. Costs incurred by the city could ultimately be assessed against the property.
During council questions, Councilman Jim Nelson also asked about access to personal belongings remaining on the property. Whitmore said access could potentially be permitted with the property owner’s consent, but because of the condition of the site, she recommended that anyone entering sign a liability waiver and that a city representative potentially be present.
The detached garage was also discussed. Officials said it was not structurally damaged, and Whitmore said it would not be included in the abatement unless it independently meets the criteria of a nuisance or violates another applicable code provision.
The council ultimately approved the emergency ordinance without opposition.
Mayor Hilary Mathis closed the meeting by thanking the numerous emergency responders, city employees and other agencies involved in Saturday’s response.
The Windom Police Department was assisted during the incident by the High Risk Entry and Arrest Team (HEAT), Windom Fire Department, Windom Ambulance and Cottonwood County Sheriff’s Office.
The investigation remains ongoing, and any formal criminal charges will be determined following review by the Cottonwood County Attorney’s Office.