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Man arrested on murder charge after flagging down passerby, claiming wife was struggling to breathe, police say

Brian Mervin flagged down a passerby Monday evening and said his wife was on the ground and struggling to breathe.
Credit: WTOL 11

DENVER — A man has been arrested on suspicion of first-degree murder after he flagged down someone to call 911 because his wife was on the ground and struggling to breathe.

According to Denver Police, just after 6 p.m. Monday, Brian Mervin came out of his home in the 4000 block of North Adams Street, near East 40th Avenue east of Colorado Boulevard. He flagged down a passerby and asked them to call 911.

When EMS arrived, the victim was located unresponsive on a bed in the front bedroom of the home. Medical personnel noticed "significant bruising and abrasions" on her neck, according to a probable cause statement for Mervin's arrest.

The PC statement goes on to say other injuries consistent with strangulation were observed.

The victim was taken to the hospital and pronounced dead shortly after 6:30 p.m. She has been identified as Cheri Kommer, 55. 

Once her body was moved to the coroner's office, additional injuries were discovered to include large scratches and abrasions on her back, the PC statement says. The injuries were consistent with someone being dragged through heavy brush. Her clothing was also found to be covered in dirt and debris.

When police contacted Mervin at the scene, he was inside the home and appeared to be "breathing heavily and sweating profusely," the PC statement says. When medics were administering aid to the victim in the ambulance outside, the PC statement says, Mervin was inside the home drinking soda and smoking a cigarette.

Credit: Denver Police
Brian Mervin

The document notes that Mervin did not appear concerned about the victim's status or her treatment.  He spoke with officers on scene; however, most of what he said was redacted from the PC statement.

While it's not clear what he said, the document says there are "several inconsistencies" in what Mervin said, specifically related to the "unexplained serious injuries" of the victim.

Detectives spoke with another person who said they heard Mervin and the victim arguing earlier in the day but had not witnessed anything physical.

Two different neighbors also reported they heard frequent arguing between a man and woman at the residence and often heard sounds that they thought were items being thrown around the house.

Mervin faces a charge of first-degree murder, but the Denver District Attorney’s Office will make the final determination of charges. The Office of the Medical Examiner will determine how the victim died.

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