DES MOINES, Iowa — Iowa Attorney General Brenna Bird and Polk County Attorney Kimberly Graham have determined two Des Moines police officers were "legally justified" in a July 30 shooting that killed 45-year-old Weston Derby of Nebraska.
Graham reached a conclusion Wednesday afternoon, while Bird released her report Thursday morning. Both said the officers' use of "lethal force" was "reasonable" as they believed their lives were in danger at the time of the shooting.
"Given all the circumstances, it was reasonable for officers [Jesse] Schneider and [Anthony] Lampman to conclude that their lives were in imminent danger at the time deadly force was used," Graham said. "It is my conclusion that the use of deadly force was legally justified pursuant to Iowa law."
The conclusion comes as both Graham and Bird have reviewed all available bodycam footage and evidence produced by the Iowa Division of Criminal Investigation (DCI).
The investigation indicated police responded to a 911 call from a woman who said Derby, her ex-boyfriend, had shown up at her home acting "psychotic." The woman had obtained a protective order against Derby earlier that day after Derby had allegedly left her two threatening letters.
The two officers said they tried to stop Derby, who was fleeing in a stolen vehicle. Derby sped away, leading to a car chase.
Six minutes later, Derby appeared to lose control before driving off the road and getting his car stuck in a cornfield off Army Post Road.
Graham and Bird assert that bodycam footage shows Derby pointed what appeared to be a semi-automatic handgun at his head. Both officers tried to convince Derby to put the gun down, but Derby refused and pointed the weapon at the officers.
Within a second, Schneider and Lampman fired multiple shots, killing Derby. Lampman also accidentally shot Schneider during the incident under his bulletproof vest.
Afterward, it was found that Derby's gun was only a pellet gun.
In her analysis of the incident, Bird wrote in part, "[The officers'] decision to fire their handguns at Derby was reasonable under the circumstances. The officers tried to defuse the situation without the use of force by using commands ... Derby refused to comply. Instead of cooperating, Derby escalated the situation by making threats to harm the officers. He was a few feet away from the officers when he threatened them with a weapon nearly indistinguishable from a semi-automatic handgun."
Bird also highlighted Derby's "lengthy criminal record", which includes terroristic threats, assault and multiple violations of protective orders.
Iowa law gives Graham's office the authority to investigate cases when an officer kills someone in Polk County, and determine whether criminal charges are necessary.
But in this case, Graham, and Iowa Attorney General Brenna Bird chose not to recommend charges.
"Our hearts go out to the officers involved, the family of the officers, and to the family of Mr. Derby," Graham said.
EDITOR'S NOTE: The below video originally aired Aug. 7, 2024.
