Des Moines officers justified in fatal shooting of domestic dispute suspect

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Two Des Moines police officers were reasonable in their use of deadly force against a suspect who pointed at them what was later identified to be a pellet gun, Polk County Attorney Kimberly Graham concluded on Wednesday.

Graham released a letter with her findings on the officer-involved shooting the morning of July 30, when a Des Moines police officer was shot by friendly fire and a suspect was killed after a vehicle pursuit stemming from a domestic dispute investigation. The suspect, Weston Dean Derby, 45, of Bellevue, Nebraska, pointed a gun at his head before pointing it at officers.

"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 the deadly force was used," Graham wrote in a letter to Police Chief Dana Wingert. "It is my conclusion that the use of deadly force was legally justified pursuant to Iowa law. No charges will be filed by our office."

Schneider, 37, the injured officer, is a senior police officer with four years of service with the Des Moines Police Department. Schneider was struck in the back of his shoulder in a gap of his body armor, and the bullet exited his chest, leaving the officer in serious but stable condition, Sgt. Paul Parizek said at the time.

Schneider was discharged from the hospital, to recover at home, a week after the shooting.

Officers had been dispatched to the 5800 block of Southeast 35th Circle for a report regarding a person violating a protective order around 3:30 a.m., Parizek said in a news release.

Police spotted Derby driving a stolen vehicle near the scene and attempted to stop him around 3:50 a.m., the news release said. Derby fled from police, and the pursuit continued during a rainstorm.

Graham stated in her findings that "Derby had driven repeatedly to the home of an ex-girlfriend, threatening and harassing her to the point she had obtained a temporary no-contact order the day before the shooting occurred. It is our understanding the deceased and his former girlfriend had a previous no-contact order in another state."

During the officers' pursuit of Derby, he fled westbound on East Army Post Road, appeared to lose control, left the roadway to the south and came to a stop, the Police Department's news release said.

"When Des Moines Police Officer Schneider located Mr. Derby to serve him with the no-contact order, and attempted to stop him, Mr. Derby sped up and attempted to elude the officer," Graham said in her letter. "After a short time, he drove off the road into dense weeds and small trees, which halted his vehicle."

The other officer involved in the shooting, Lampman, 23, with 10 months of service in the department, was placed on administrative leave.

Body camera footage showed the suspect pulling out a gun as the police approached him, Parizek said in a news release. Derby raised the handgun toward his head and then suddenly pointed the gun at the officers, using a two-hand grip, the release said.

Both officers fired their handguns at Derby, Parizek said, and Derby died at the scene.

Graham said she reviewed all the body camera footage and evidence from the Iowa Division of Criminal Investigation. She described a similar chain of events in her letter to Wingert.

"Mr. Derby’s words and actions are clearly seen and heard on the body-worn camera footage because of the close distance from the officers to Mr. Derby and illumination from a flashlight and vehicle headlights," she wrote. "Mr. Derby then turned around and held the gun to his own head for a few moments, during which time the officers did not open fire. Then Mr. Derby turned the gun straight toward the officers. The officers both opened fire at that time."

Schneider was accidentally hit by one round from Lampman’s firearm. It appeared that Schneider may have moved into a position in front of Lampman as he was retreating during the shooting, Parizek told the Register the day of the shooting.

It was later discovered the weapon Derby was carrying was a pellet gun