DES MOINES, Iowa — After a review of an investigation into the fatal shooting of a Nebraska man by two Des Moines police officers, the Iowa Attorney General’s Office has concluded the shooting was legally justified.

The incident happened back on July 30th when police were contacted about 45-year-old Weston Derby violating a no-contact order with his ex-girlfriend. Senior Police Officer Jesse Schneider and Police Officer Anthony Lampman of the Des Moines Police Department responded to the incident in the 5800 block of SE 35th Circle shortly after 3:30 a.m.

The AG’s review, based on an investigation by the Iowa Division of Criminal Investigation, reveals Derby had been to his ex-girlfriend’s home six times in the week leading up to his death. He left the woman a letter threatening to drown a small animal in a nearby lake if she refused to meet him and also another letter blaming her for destroying his life. She obtained a no-contact order against Derby the day before his death.

The officers spotted the vehicle Derby was driving, which later was determined to be stolen, in the area and there was a short chase. A PIT maneuver was used and the SUV went off the road in the 4300 block of E. Army Post Road. Derby left the vehicle and ran into the thick vegetation. Officials said Derby turned toward officers and produced what appeared to be a semi-automatic handgun, first pointing it at his own head. The review said Officer Schneider pointed his gun at Derby and ordered him to drop to the ground. Officer Lampman also gave similar commands, but Derby refused.

The AG’s review describes what happened next:

“Instead, Derby told the officers he was going to point the gun at himself and then the officers, so they would shoot him. Derby told the officer not to f*** with him and to leave him alone. Derby then pointed the weapon at his head. The two officers demanded multiple times for Derby to drop the gun. He did not. Using both hands with arms extended, he pointed the weapon at the officers as if he were going to shoot them. Both Officers Schneider and Lampman opened fire, striking Derby multiple times. Derby fell to the ground.”

Derby died at the scene. The gun found next to him was determined to be a WP4: Black Gamo brand P-27 Dual 0.177 caliber pellet gun. The review said it is “nearly indistinguishable from a semi-automatic handgun.”

The photograph compares the pellet gun (left) to an actual semiautomatic handgun (right). (Courtesy: Iowa Attorney General’s Office)

Officer Schneider was injured in the incident and it was determined later he had been injured by a shot fired by Officer Lampman.

The AG’s review also revealed information about Derby’s previous criminal history, including terroristic threats, violation of a protective order, assault, possession of a controlled substance, and violence with law enforcement.

The Attorney General’s Office concluded that criminal charges in this case are not warranted against the officers and the investigation is closed.

On Wednesday, the Polk County Attorney’s Office released its findings in the case, also determining the use of deadly force was justified.

The Des Moines Police Department released some of the bodycam and dashcam video from the incident on Thursday. The officers involved remain on paid administrative assignment as per policy, while the official administrative review process of the shooting takes place.