Polk County Attorney rules Des Moines officers were justified in fatally shooting suspect

DES MOINES, Iowa — Two Des Moines Police officers will not be facing charges in a shooting that left a Nebraska man dead and one of the officers seriously injured in July.

On July 30 at around 3:30 a.m. Senior Police Officer Jesse Schneider and Officer Anthony Lampman responded to a report of a man violating a no contact order at a home in the 5800 block of SE 35th Circle. According to the Polk County Attorney’s Office, the no contact order was filed the day before, on July 29, after the suspect repeatedly showed up at the victim’s home and threatened and harassed her.

When officers arrived on scene they located the suspect, identified as 45-year-old Weston Derby from Nebraska in his car, but Derby sped off and a short chase ensued, Des Moines Police said. The chase ended after Derby crashed his vehicle into an area of dense weeds and small trees.

According to the attorney’s office, Derby was seen on body camera footage exiting his vehicle with a firearm in his hand while he tried to flee the scene on foot. Officers ordered Derby to stop, and when he did he turned around and held the firearm to his head for a short time before pointing the firearm at the officers, the attorney’s office said.

Officer Schneider and Officer Lampman opened fire, fatally killing Derby. Officer Schneider was seriously injured when he was accidently hit by a round from Officer Lampman’s firearm.

The attorney’s office said that the firearm Derby was holding was actually a pellet gun.

After reviewing the evidence collected by the Iowa Division of Criminal Investigation, the attorney’s office declared the officers’ use of deadly force was justified and it was reasonable for the officers to believe that their lives were at risk when the shooting occurred. No charges will be filed against the officers.

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