Suspect killed in Des Moines police shooting had a history of violence, public records show

Des Moines police have identified the man shot and killed early Tuesday morning during a domestic violence investigation.

Weston Dean Derby, 45, of Bellevue, Nebraska, was killed after police allege he pulled and pointed a gun toward two Des Moines Police Department officers in the 4300 block of East Army Post Road. One of the officers was struck by friendly fire and was transported to Iowa Methodist Medical Center, where he was in serious but stable condition as of Tuesday.

Derby was driving a stolen vehicle at the time of the crash and had an extensive criminal record in Nebraska. He also had outstanding warrants in at least two Nebraska cases.

Police have not yet released body camera footage of the encounter pending an investigation by the Iowa Division of Criminal Investigation. The two officers involved have not been identified.

What led up to the Des Moines police shooting?

Police were called to the 5800 block of Southeast 35th Circle about 3:30 a.m. Tuesday for a report of someone violating a protective order, said Sgt. Paul Parizek, a spokesperson for the Des Moines Police Department.

Officers spotted Derby leaving the scene and followed his vehicle onto East Army Post Road, where he appeared to lose control and left the roadway. Two officers left their vehicles and followed him.

Previously: Des Moines police officer shot by friendly fire asks about returning to work

Parizek said Tuesday that unreleased body camera footage showed Derby raising a handgun toward his own head, then pointing it toward the officers, who both fired. Derby was fatally wounded and died at the scene. It appeared that the officer who was shot may have moved into a position in front of the other officer as he was retreating during the shooting, Parizek said.

At the time of the encounter, the metro was under a severe thunderstorm warning, with more than half an inch of rain recorded in south Des Moines between 3 and 4 a.m. Tuesday and wind gusts of up to 60 mph. Parizek said the two officers had to pursue Derby through an overgrown area in bad weather conditions, possibly contributing to the ensuing friendly fire.

Order of protection filed against Weston Derby just before Des Moines police shooting

Derby was the subject of a temporary protective order filed Monday, ordering him not to contact, threaten or harass a female and to stay away from her and her home and workplace, according to Iowa court records. A court hearing was scheduled for Aug. 13 to consider making the protective order permanent.

Parizek said Tuesday that the victim had dated Derby years before but had been out of contact for some time until he showed up without notice in front of her house on Friday, leading her to request the protective order.

He further alleged that Derby had stolen a car from Council Bluffs on July 25, and had license plates stolen from West Des Moines on Monday.

"There’s a lot of indication that had these cops not intervened in this, we might’ve been telling a different story with something violent happening to her," Parizek said.

Des Moines police shooting suspect had a history of violence in Nebraska

Derby's only other entry in Iowa court records is a speeding ticket from 2005. In Nebraska, though, court records show Derby had numerous encounters with law enforcement in recent years.

More than 20 cases, nearly all from the past five years, show Derby has convictions for assault, drug offenses and theft. He also had numerous charges and convictions for terroristic threats and protective order violations, including three separate cases filed in November 2023.

In one of those cases, according to court filings, a woman told police he'd repeatedly called and texted her at work despite a protective order. The texts contained false allegations about her wellbeing. Less than a week later, he was charged again with another violation involving the same woman. At that time, he was also charged with making terroristic threats against her.

It's not immediately known if any protective orders specifically prohibited Derby from having a firearm. The temporary order in Iowa stipulated that if a final protective order was issued, Debry would be required to "surrender all firearms, offensive weapons, and ammunition."

Weston Derby had outstanding warrants from Nebraska before Des Moines police shooting

Derby pled guilty in those cases, but he had not been sentenced. Court records show he had an outstanding warrant in one case issued on July 16, after he failed to report to his pretrial release officer. He was scheduled to be sentenced in the terroristic threats case on July 23, but failed to appear, and a warrant was issued in that case as well.

Throughout Derby's numerous criminal infractions, he does not appear to have ever received a sentence of more than eight months in jail, with nearly all of his cases resolved with fines for misdemeanors. Under his plea deal in the recent terroristic threats case, prosecutors had agreed not to oppose a sentence of probation.

It's not clear whether or how Derby was employed prior to the shooting, but in a 2016 custody dispute, he testified he worked as a self-employed stonemason. At that time, according to court filings, he had at least two children with different mothers.

José Mendiola is a breaking news reporter for the Des Moines Register. Reach him at jmendiola@dmreg.com.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.

This article originally appeared on Des Moines Register: Suspect killed in Des Moines police shooting had a history of violence, public records show