QFFECEAL REPORT OF THE LBNN COUNTY ATTORNEY REGARDING THE ENVESTEGATBQN ENTG THE ESE OF DEAELY FORCE BY CEDAR RAPEBS POLECE OFFICER ZACH - FGR IMMEDEA TE PUBLIC RELEASE -- On November 19, 2013, the Iowa Division of Crirriinai Investigation referred their investigative file to this office requesting a legal review concerning the circumstances surrounding the use of deadly force by Officer Zachary at the Advanced Auto Parts store located at 3910 Center Point Road NE in Cedar Rapids, Iowa. The investigative reports describe the facts and circumstances involving the use of deadly force by Officer against seventeen--year-old Matthew Johnson (DOB - 10/24/95). The Iowa DCI conducted an extensive and detailed investigation into the incident and their investigative file was voluminous containing extensive police reports, written statements, medical records, photographs and other related investigative materials in connection with the shooting incident which occurred on September 21, 2013. Officer Zachary was initially dispatched to the Advanced Auto Parts store on Center Point Road-NE on September' 21, 2013, at approximately 7:01 a.m. in response to a 911 call concerning a disturbance in" the parking lot of the Advanced Auto Parts store. Witnesses in the vicinity who were inside the Spring House Restaurant had observed a white male subject, later identified as Matthew Johnson, damaging a car parked in the lot near the Advanced Auto Parts store. According to the 911 caller, the subject was "kicking the crap out of a new Dodge" and appeared to. be "messed. up." These witnesses reported to investigators that they observed Johnson kick the driver's side door and appeared to be yelling at the car._ A short time thereafter, they observed an employee of the Advanced Auto Parts store approach Johnson who then began to yell at the employee and chased him to the front of the store. The employee was able to enter and lock the front door but Johnson began to kick the glass out of the door and enter the front vestibule. The employee retreated into the store and looked a second set of doors which the subject also smashed to gain entry into the store. (Investigators discovered there was no surveillance video capability either inside or outside the Advanced Auto Parts store.) The Advanced Auto Parts store employee, Bradley Sean Rosch, had reported to work that morning at approximately 6:50 a.m. and was alone as he was making preparations toopen the store for business that day when he heard a commotion coming from the parking lot. He exited the front of the store and saw a subject later identified as Matthew Johnson leaning on Rosch's car, a black 2009 Dodge Challenger. Rosch approached Johnson and asked if he was okay. Johnson replied with a series of profanities and began to chase Rosch who retreated to the store. Rosch was able to enter the vestibuie of the store and lock the front door but, when Johnson reached the door and was unable to puil it open, he kicked in the glass to the door and began to enter. Rosch then retreated into the store and locked the second set of doors and calied 911. Johnson then broke out the glass in the second set of doors, entered the store and began to chase Rosch throughout the store and tried to kick and punch him. After being chased by Johnson through the store, Rosch was eventually able to take i refuge behind a display bin that separated him from Johnson. 5 Officer Zachary was the first peace officer to arrive at Advanced Auto at approximately 7:07' a.m. in response to the 911 call. While in route to the store, officers were advised that the subject causing a disturbance in the parking lot had now chased a store employee and was kicking in the door to the store. When Officer arrived, he observed the black Dodge Challenger in the parking lot and found broken glass to the front door of the business. Officer was able to hear a commotion coming from inside the business and heard one subject yelling for help. Officer also noted a second door to the business was broken and, not knowing what he would encounter, unholstered his weapon as he made entry into the store. Once inside, he observed Matthew Johnson trying to attack the store employee who was still taking refuge behind a display bin. It-appeared the store employee was fearful and in immediate danger of being assaulted and withdrew his weapon and pointed it at Johnson. After Officer drew his weapon, he directed a verbal command in a clear and commanding voice for Johnson to get down on the ground. Officer who was dressed in his official uniform, repeated this direct command several times in a clear and authoritative manner. However, Johnson responded by turning his attention away from Rosch and onto Officer He began to advance upon the officer stating, "Oh, you're gonna pull a gun on me." As Johnson began to advance in his direction, Officer who was still pointing his weapon at Johnson, began to back up and shouted several times, "Stop or l'l| shoot." Officer was backing up as he directed this warning in a direct and unequivocal manner to Johnson. Nonetheless, Johnson, who was also making furtive movements around the waist of his clothing, continued to advance upon Officer and was within five feet when Officer fired three times. Officer indicated that he was fearful for his safety given the defendants irrational and bizarre behavior as indicated by the information from the initial dispatch and the suspect's violent and erratic conduct at the scene. A second officer, Justin Boecker, was the next to arrive and heard the three shots being fired as he approached the front door. Officer Boecker immediately called in that shots were fired and requested an ambulance. When Officer Boecker entered the business, he and Officer began to administer medical assistance to Johnson who suffered gunshot wounds to his left lower chest, left forearm and left thumb. While officers were administering aid to Johnson and waiting for ambulance crews to arrive, Johnson repeatedly stated, "Kilt me, just kill me." Ambulance crews arrived upon the scene at approximately 7:15 a.m. and found Johnson being attended to by members of the Cedar Rapids Police Department and Cedar Rapids Fire Department. The medical responders observed that Johnson had suffered the above mentioned gunshot wounds and was spitting at members of the Cedar Rapids Fire Department. He was observed to be restless, uncooperative and combative in general. Johnson denied any use of alcohol or drugs to medical personnel, although later testing showed Johnson's BAC to be .255 or over three times the legal limit and he also tested positive for THC. Matthew Johnson was admitted to St. Luke's Hospital for medical treatment of his injuries and was discharged on September 30' . investigators later interviewed Matthew Johnson who claimed he had absolutely no recollection of his encounter with either the Advanced Auto Store employee, Bradley Rosch, or Cedar Rapids Police Officer Zachary He also claimed to have no recall whatsoever surrounding the facts and circumstances of the entire incident at the store and could not recall being shot. Investigators did learn through their investigation that Johnson had attended two parties the night before which extended into the early morning hours of Saturday, September 215*. During this time, it was learned that Johnson had been consuming beer and whiskey and indicated he might have smoked marijuana but couldn't remember. When asked to leave the apartment where he attended the second party, Johnson became combative, assaulted one of the other participants, and threatened the others with bodily harm before being asked to leave at approximately 7:00 o'clock a.m. This apartment was located at the vicinity of the Advanced Auto Parts store. Section 704.1 of the Iowa Code provides that "reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or a loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk-to life or safety, or the |ife.or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Having thoroughly reviewed in detail the facts and circumstances surrounding thisincident, I have concluded that Officer Zachary was justified in using deadly force in his encounter with Matthew Johnson and that it was reasonable for him to believe that such force was necessary. Officer was presented with a precarious situation in which a suspect had forced entry into a business in an apparent effort to commit an assault. He saw the obvious signs of a breaking and entering to the business, heard an urgent cry for help and, upon entering, could cieariy see Johnson trying to attack the store empioyee. As Officer entered the business, heard the cry for help and observed the physical confrontation unfold, he was clearly justified in drawing his weapon reasonably believing that he may need to intervene. He communicated unequivocal commands for Johnson to stop and get down on the floor and had every reason for heightened alarm when Johnson inexplicably advanced upon the officer in an aggressive manner. Officer who had identified himself as a peace officer and was dressed in his official uniform, began to retreat and again directed clear and unmistakable warnings to Johnson to stop or he would be shot. During the short encounter, Officer had little time in which to react and certainly did not have the opportunity to switch to a less lethal form of defense. When Johnson advanced upon him, Officer was justified in using deadly force to defend himself from an imminent physical attack which could have involved a struggle over his firearm. Having concluded that Officer apprehension of danger was reasonable and that deadly force was justified, criminal charges against the officer are not warranted. In my review of the circumstances, deadly force was reasonably necessary when the officer was confronted with a clear and immediate threat to his life and safety as well as the life and safety of another. Resecffullys bmitted, JE NDER SANDEN _Li ty Attorney nua 1 ,2014