BOONE, Iowa—In a press release from the Boone County Attorney Daniel Kolacia Thursday, he announced his determination in an officer involved shooting that occurred in Boone on April 21, 2018. That shooting resulted in the death of Timothy Anderson. The following is the report:
The Boone County Attorney’s Office has completed its review of the April 21, 2018, law enforcement shooting of Timothy Anderson in Boone County, Iowa. The State of Iowa’s Division of Criminal Investigation (DCI) provided an investigative report regarding the matter, the DCI conducted interviews of law enforcement officers involved, witness interviews, crime scene analysis, and video and audio recordings made at the time of the shooting. The Iowa Department of Public Health conducted an Autopsy and Toxicology on Timothy Anderson. DCI has been in contact and discussed this case with the Boone County Attorney’s Office.
The legal standard for this review is set forth in the Code of Iowa. Under Sections 704.1 and 704.3, one can use “reasonable force” if ‘that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or 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.’ A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force.
After a review of the information DCI provided including police reports, video and audio recordings, and other reports the Boone County Attorney’s Office has concluded that Boone Police Officers Joseph Slight, Cole Hilsabeck, Daniel Lynch, Connor McCuen, and Seth McCrea were justified under the law in firing their weapons at Timothy Anderson because they reasonably believed such force was necessary to defend them from an imminent use of unlawful force on another or themselves.
At 4:50 pm on April 21, 2018, Boone County Dispatch received a call from a distraught and frightened female that her boyfriend was drunk and acting crazy beating her and her mom. The caller said it is happening at 620 2nd Street. She said that he (Timothy Anderson) has a knife. In this 911 call you can hear screaming and a male voice yelling various statements including something about “kill everybody.” The caller said she could not leave the house because he took her walker and would not let her mom go outside. Throughout the call you can hear screaming and the caller crying asking him to let her mom out. The above named Boone Police Officers responded to the 911 call. Dispatch advised the Boone Police Officers “female is unable to leave the house to go outside, can’t reach her walker, male won’t let her outside, still holding the knife.” Prior to coming to the house at 620 2nd Street the officers had knowledge that a man inside the home was holding a knife attacking his girlfriend and mother. As the Boone Police Officers approached the house they heard yelling coming from inside the house in what sounded like a violent confrontation. Officer Slight opened the outside door while Officer Lynch kicked in the main door. Officers made a justifiable tactical response to knock in the door to prevent a further attack especially hearing screams and when there is a use of a deadly weapon (knife). Any delay would put those inside the home at further risk.
When the officers opened the door they saw Timothy Anderson holding a knife. Timothy Anderson turned toward the two officers and charged at them while holding up the knife. Both Officers try to gain distance from themselves and the knife wielding Timothy Anderson and exited the house to the outside. Timothy Anderson is seen charging through the outside door only a few feet from Officer Slight. Timothy Anderson is yelling while charging at Officer Slight and holding the knife in the air. Officers gave commands to “drop the knife” and “put your hands up.” These commands were ignored as Timothy Anderson, holding a knife, continued to charge towards Officer Slight. Officers fired upon Timothy Anderson to protect themselves and others from imminent harm.
The force used was “reasonable force” in that it was reasonable for all officers involved, given the circumstances as they were known and appeared to them at that time, to believe that such force was “necessary to avoid injury or risk to one’s life or safety or the life or safety of another.”
(contributed article, Boone County Attorney)
