Gunfight at the O.K. Corral controversy ensued when Paul uncovered ballot-stuffing by Cowboys and he sued to overturn the election. Paul finally became sheriff in April 1881, but it was too late to reappoint Wyatt Earp as deputy sheriff because on January 1, 1881, the eastern portion of Pima County containing Tombstone had been split off into the new Cochise County, which would need its own sheriff, based in the county's largest city, Tombstone. This position was filled by a political appointment from the governor, and Wyatt and Behan both wanted the job. The Cochise County sheriff's position was worth more than $40,000 a year
Gunfight at the O.K. Corral later, Virgil ran for the office on November 12, 1880 but lost to Ben Sippy. However, on June 6, 1881, Sippy asked for a two-week leave of absence. The city soon discovered $3,000 in financial improprieties in Sippy's records. A few days later Virgil was appointed as town marshal in his place. At the time of the gunfight, Virgil was both Deputy U.S. Marshal and town marshal. The city suspended him as town marshal after Ike Clanton filed murder charges, and after he was wounded in an assassination attempt on December 29, 1881, Wyatt replaced him as Deputy U.S. Marshal.