STORY COUNTY ATTORNEY Stephen H. Holmes Assistants, Nevada Office Assistants, Ames Office gimme; Story County Courthouse s1?5?dsK?33?3 1315 South Avenue E15195) 23:2_4185 Keisha F. Cretsinger Nevada' |0wa 50201 Joseph Damage" -Juvenile Commitment Tyler 515 382 7255 Tiffany Meredith Timothy c. Meals - Tom Kunsfle FAX (515) 382'7270 -Simple Misdemeanor Assistant --Civi| C""5ta' Rm" Jessica Reynolds November 6, 2013 Chief Charles M. Cychosz Ames Police Department 515 Clark Street Ames, IA 50010 Re: Adam McPherson shooting investigation Dear Charles: Having reviewed the taped interview of officer Adam McPherson, two in-vehicle camera recordings of the event, an independent video recording, along with reviewing the investigation with agent Don Schnitker from the Iowa Division of Criminal Investigation, reviewing the incident with my assistant Tim Meals who went to the scene, personally interviewing two shift commanders and the residents of the home where the whole incident began, it is my conclusion that officer McPherson acted reasonably under very difficult circumstances and McPherson's use of deadly force was justified. The specifics of the incident leading to the shooting of Mr. Comstock at mid--morning on November 4, 2013, are more properly viewed as the culmination of a series of actions by Mr. Comstock involving the operation of a reported stolen motor vehicle (a ton pick-up pulling a trailer). These actions included five felonious assaults with a dangerous weapon (the stolen motor vehicle) against officers McPhearson and Iowa State University Police officer Tony Atilanto. The actions of Mr. Comstock operating the motor vehicle recklessly endangered the lives of numerous other persons in motor vehicles and dozens of pedestrians both on streets in the city of Ames and on Iowa State University Campus. The entire heart stopping event all took place in less than four minutes. A brief chronology is helpful to understand the fast pace of the escalating violence involved and helps to explain the resulting use of deadly force by the responding officers. A call description of a stolen motor vehicle was dispatched to Ames officers shortly before 10:30 a.m. Officer McPherson observed the vehicle traveling west on South 4th at 10:25 a.m. After crossing University Avenue officer McPherson attempts a stop of the vehicle. The vehicle does not stop and continues at higher speed recklessly passing other vehicles on 4th turning north on Beach St. After traveling a short distance, the truck stops suddenly, then reverses, ramming the trailer it was pulling into McPherson's patrol vehicle with such force as to turn it sideways. Overturned cargo spills on to the roadway as the truck speeds off north bound on Beach reaching speeds of nearly 70 miles per hour. The truck runs the red light at Beach and Lincolnway nearly striking two vehicles. Continuing at very high speed northbound on Beach the truck and trailer become separated with the trailer rolling multiple times strewing remaining cargo and coming to rest on the north side of Beach nearly striking a pedestrian. Officers McPherson and Atilano lose sight of the truck and both proceeded with caution allowing some distance between their vehicles and the pick--up at the direction of command. Approximately a minute or so later officers McPherson and Atilano close on the stolen truck in the central campus area of Iowa State University. The pursuit passes through winding narrow streets, around parked and moving vehicles, by onlookers and into a one way street the wrong way. Video recordings of the subsequent events are disturbing. The chase now leaves the roadway. This open campus area is for pedestrians and is dotted with homecoming displays. Once again, officer McPherson's vehicle collides head on with the truck. Officers exit their vehicles in an attempt to end the chase but quickly are forced back in their patrol vehicles as the truck, now in reverse, proceeds at fairly high speed in reverse with officer Atilano in the lead pursuit. Pedestrians can be clearly seen running to avoid the oncoming truck. The truck strikes several objects and continues on. McPherson re-engages both the truck and Atilano's patrol vehicle with his vehicle at the edge of a stand of trees where several attempts by both officers to crash/stop the truck result in the several more collisions before both patrol vehicles are disabled. With the truck still moving officers exit their vehicles. One more swing of the truck can be seen which comes very close to McPherson's vehicle spraying debris and visually rocking the patrol vehicle. At approximately 10:29 a brief moment after the truck swings into partial view, officer McPherson fires his service weapon seven times at the back of the cab of the truck at the driver. The matter can be viewed as the chase or pursuit and the final confrontation in the central campus area of Iowa State University. The chase of approximately of a mile lasts around one minute. For my analysis, the final confrontation is critical. Both police vehicles are disabled .The truck is still operational. The officers have every reason to be in fear for their safety and more reason to be in fear for the safety of every person who may be in harm's way if the truck is not stopped. Although my review reveals other officers were responding neither McPherson nor Atilano had the time to direct their attention to working a plan. Both McPherson and Atilano were fully and completely occupied. Comstock gave no sign to either officer that he was going to cease the car chase and end the threat he posed. Both officers Mc Pherson and Atilano are forced to immediately exit their disabled vehicles and draw their weapons. The officers could reasonably conclude from the preceding minutes all of the following: 1. Comstock could maneuver his vehicle as a dangerous weapon at the officers; 2. Comstock could maneuver his vehicle as a dangerous weapon at other responding officers; 3. Comstock could maneuver his vehicle in a continuing attempt to escape and again act in a reckless manner placing members of the public at risk of death or serious injury; Most importantly the officers had only moments to react as the truck was still operational and Comstock was still attempting to move the truck. The decisions of the responding officers in this situation are motivated entirely by the decisions made by Mr. Comstock. Mr. Comstock had multiple opportunities to stop the truck, get out, and avoid forcing a confrontation with the pursuing officers. But, even if we place the burden of the decision of pursuit on the officers it doesn't help. Looking at the event as a matter of the officer's choice, in hindsight, one can never predict with any accuracy what would have happened had the officers ended the pursuit entirely. A review of recent pursuits would reveal just the opposite conclusion than one may think. A fairly recent Ames police pursuit of a gas drive off was discontinued because of the concern for the speeds reached in the chase. The getaway vehicle did not slow down, regardless. Over a mile from the discontinued pursuit the getaway car crashed killing one teen and severely injuring the driver of a second vehicle. Two other completed pursuits resulted in no injuries to officers or the public, only the perpetrators. It is impossible to speculate as to whether one course of action or the other would have led to a different result, the same result, a better result or a worse result. Speculation is not helpful. Every police encounter is different. It is reasonable to conclude that by ending the situation away from the presence of motorists, bystanders, passersby and before Mr. Comstock would reach other officers McPherson and Atilano acted responsibly. Had the officers not exited their vehicles to confront Comstock we have only speculation as to where the matter would have gone and what might have happened to McPherson and Atilano or to others. It appears these officers were placed in an impossible situation beginning with Comstock's first assault when he used the trailer as a battering ram against McPherson's patrol vehicle. This single act is of significant factual importance. The combined weight of the loaded trailer and truck was enough to easily push the full size, full framed Ford motor vehicle driven by McPherson as if it had little or no weight itself. Once this happened the officers could not disengage. Neither officer had any choice in the matter. Regardless of all the modern equipment at their disposal and regardless of the fact they were in the middle of the city of Ames with other officers nearby they were still alone. Events unfolded with great speed. The judgment of these officers is revealed at the second confrontation point -- when Comstock spins the truck in the grass and comes nose to nose with McPherson's patrol vehicle. Another collision occurs. Neither officer overreacts but they both try to order Comstock out. They do not fire their weapons. When this fails they are forced to follow to the third confrontation point where they again first try to disable Comstock's vehicle. It is not until they are unsuccessful and without their vehicles that both officers exit again drawing their weapons. The fear that Mr. Comstock will continue on with his rampage prompts officer McPherson to use deadly force. it becomes a very precarious exercise to attempt to pick apart split second decisions. Much deference has to be given when questioning an officer's presence of mind and judgment in a life threatening situation. In conclusion, McPherson and Atilano were compelled by Comstock's actions which occur under a very fast moving time line. I have to find by these facts that Comstock's criminal acts, multiple felonious assaults with a dangerous weapon) (the motor vehicle) combined with the reckless disregard for the safety of all who were in his path outweigh any other considerations. In watching the videos I can't help but express my concern that it was only by sheer luck that no one else was seriously injured or killed by Mr. Comstock. Further, I can determine from these facts that Comstock's actions did not allow any amount of time for the officers to devise or employ other "means" to mitigate or defuse the situation ahead of the shooting. Mr. Comstock's "state of mind" cannot be an excuse in this instance. Whatever Mr. Comstock's state of mind was at the time does not diminish the threat and danger to the public and does not diminish the threat and danger to the responding officers McPherson and Atilano on that day. I will keep all the case reports and information provided to me for reference. Sincerely, Stephen H. Holmes Story County Attorney Story County Attorney's Office Story County Courthouse 1315 South Avenue Nevada, IA 50201 515-382-7255 cc: to investigation file Timothy Meals