Jason Clayworth

jclayworth@dmreg.com

Worth County deputies fired two Tasers at least 15 separate times to subdue a man who was lying on his back and either couldn't or wouldn't roll over as instructed, according to videos and other records released by the state to settle a lawsuit filed by The Des Moines Register.

Michael Zubrod, 39, of Northwood can be heard moaning throughout parts of the 3½ minutes of footage, and records show that minutes later, he became unresponsive with no heartbeat. Deputies had responded to the home that night after Zubrod was accused of beating his girlfriend, Rhonda Schukei, with a hammer.

The newly released records — including two videos, more than 100 audio recordings of communications with emergency dispatch and multiple documents — show and describe a highly violent scene on Sept. 22 that ended in Zubrod's death. The records were released last week in a settlement with the state after the Register sued for access to the reports.

The records are the clearest indication yet of what happened inside Schukei's home in Northwood that night, but many questions still remain. Zubrod's family members continue to raise concerns over whether the Tasers were used excessively, which they believe caused or contributed to his death.

"I don't know what to say. I just don't," Cheri Zubrod said of the newly released information surrounding her son's death. "I have to do some serious thinking about this. Even with finally having this information, nothing is easy."

Two law enforcement experts who were asked by the Register to review the video and Taser records said it's difficult to draw a conclusion about the deputies' actions because the videos don't shown the minutes leading up to the Tasers being shot.

One expert said it's possible the deputies were justified in their actions, but voiced caution about situations where Tasers are consecutively used with no effect. He also questioned why records and recordings don't exist to substantiate a report that a deputy had been attacked in the incident.

The other expert said nothing in the records led him to believe the deputies weren't justified in using the weapons that night.

"The fact that they took him into custody and he (became unresponsive) shortly thereafter is not the officers' fault," California law enforcement expert Rocky Warren said. "They did the jobs they were supposed to do."

The Iowa medical examiner's office determined Zubrod died from a heart problem following an altercation with law enforcement while "in the setting of acute methamphetamine intoxication." His death was classified as a homicide, a definition that means someone died at the hands of another person but not necessarily as a result of wrongdoing.

Schukei was badly injured but survived after two brain surgeries and two reconstructive surgeries on her face. She couldn't be reached for this story, but told the Mason City Globe Gazette in April that she still had double vision and couldn't bend over without becoming dizzy.

Still, she expressed love for Zubrod and attributed his behavior to his schizophrenia and use of illegal drugs. She said she did not begrudge the deputies who used the Tasers. "They saved my life," she told the Globe Gazette.

A night of violence

It started around 11:30 p.m. on Sept. 22, when two people flagged down Deputy Isaac Short to report hearing someone screaming from the Northwood house.

According to a written case synopsis released last week by the Iowa Division of Criminal Investigation, here's what happened next:

Short heard Schukei screaming, went inside and kicked open a bedroom door. He saw Zubrod hit Schukei in the head with what he believes was a hammer.

Zubrod dropped it but picked up a pair of scissors, stabbing Schukei in the back of the neck. Short fired his Taser, and when it didn't affect Zubrod, he attempted what is known as a "drive stun" technique — direct contact with the weapon against the person instead of the probes that embed in the person's skin — but the Taser was knocked from his hand.

Zubrod grabbed a pair of needle-nose pliers, striking Short in the leg multiple times. Short got one handcuff on Zubrod's wrists when Worth County Deputy Shayne Hoch arrived. Hoch fired his Taser at Zubrod, who by then was on his feet, but the Taser had no effect. Zubrod told them he wasn't getting tired and was going to kill the officers.

Worth Deputy John Smith arrived and attempted to fire a Taser at Zubrod, but it malfunctioned. At that point, Hoch loaded another cartridge into his Taser and fired it at Zubrod's leg. Hoch then used the drive stun, which Zubrod pulled away from his body.

Eventually, the three deputies were able to handcuff Zubrod's legs and feet. Moments later, they discovered he was not breathing. Paramedics started chest compressions and took Zubrod to Mercy Medical Center-North Iowa in Mason City, where he was pronounced dead.

Questions remain

Worth County Attorney Jeffery Greve cleared the deputies of wrongdoing following the DCI's investigation. Greve acknowledged he had not reviewed a single record or conducted interviews with the deputies before making the conclusion, which he said was based entirely on conversations he had with a chief deputy and a DCI investigator.

And the DCI refused for seven months following the conclusion of its investigation to release reports, video, audio and other records.

Virtually all the information provided came from short public statements written by the DCI. The Register sued the state in March for the records, and they were released last week under a settlement agreement.

Although the records contain much more information than previously known, it's still not clear how many of the 15 deployments made contact with Zubrod. Video indicates that multiple and sometimes consecutive 50,000-volts traveled through his body.

Other questions also remain, including whether Short was assaulted with a pair of needle-nose pliers as he struggled with Zubrod.

The written report released by DCI last week repeated information the department released in February saying Zubrod struck Short in the leg multiple times with pliers. But when the DCI released a public statement Sept. 27, five days after the incident, it made no mention of Short being assaulted. A subsequent statement on Oct. 31 said Zubrod approached Short with a pair of pliers, but didn't mention him being struck.

The videos released last week are poor quality, but no pliers are apparent in the footage. Deputies and emergency dispatch also do not mention pliers or an officer being injured during the on-scene communication obtained by the Register.

The DCI declined to provide the Register with information about Short's injuries or treatment, saying it is medical information exempt from public records. The department did, however, release written statements from 10 emergency responders on the scene that describe medical treatment provided to Schukei and Zubrod. Those documents do not mention the deputy's wounds.

DCI spokesman Alex Murphy declined to discuss why information about that doesn't surface in the records. "We released the records, and we have to let them speak for themselves at this point," Murphy said.

Worth County Sheriff Jay Langenbau declined to discuss Short's injuries, saying he first wanted to run the issue by Worth County Attorney Jeffrey Greve to assure he doesn't violate personnel or health record procedures.

"I'm not trying to not give you information," Langenbau said. "I just don't want to release something I'm not supposed to."

That piece of information is significant because such an action would undoubtedly justify use-of-force to protect an officer, law enforcement experts told the Register.

David Harris, a law enforcement science specialist from the University of Pittsburgh, called the absence of information about the deputy being assaulted in the first report and on audio communications "curious."

"Sometimes things get left out of reports. That's reality," Harris said. "They could be left out for a variety of reasons like forgetfulness or it didn't seem pertinent because the guy died."

Harris continued: "And then, of course, it could be made up. There's just no way to know."

The DCI's written report released last week also contains other information that couldn't be verified in the video or audio. It describes Zubrod as highly agitated after some of the first Taser shocks, and says Zubrod told officers he wasn't getting tired and threatened to kill them.

The Tasers used by Worth County automatically record video when deployed. Zubrod is not heard threatening to kill officers in the video, whichshows Zubrod on the floor, lying on his back and at times moaning.

Differing opinions

The two law enforcement experts who reviewed footage of the incident and read the reports say it's clear the deputies were engaged in a violent struggle with someone who'd already badly injured his girlfriend, leading them to correctly conclude Zubrod was dangerous.

Warren, a retired sheriff's sergeant who runs a consulting company and frequently serves as an expert witness in police use-of-force cases, noted the video is not inclusive of the entire situation. The viewer doesn't know what happened before Zubrod was shot with the Tasers, he said.

Warren said the fact that Zubrod was on drugs, was said to have mental health issues and was fighting with police could have put him into a state of excited delirium, which can result in heart failure.

"Let me make one thing clear: What the officers did was reasonable and justifiable," Warren said.

Harris, the University of Pittsburgh law professor, said he couldn't close the case quite so quickly.

Harris cautioned that multiple rounds of Taser shocks greatly increase the risk of death and underscore the importance of proper Taser training. If Tasers fail to subdue a person in the first or second try, law enforcement officials are typically trained to resort to another method or weapon rather than to continue to use the electrical weapon, he said.

"I don't want to second guess their decisions, but there are other alternatives besides the Taser," Harris said.

Harris continued: "You had three different officers arrive separately and all went to the same weapon, which had not proven effective for the first or second officer. When the same approach is used over and over without working, things can go badly wrong."

Langenbau said Short, the first deputy on the scene, was not yet a certified officer on Sept. 22, although he was able to work for the department. Officers in Iowa have a year after being hired to obtain certification through the Iowa Law Enforcement Academy.

Langenbau noted the scene was incredibly intense, and with human safety on the line, switching to another approach or weapon may not have been a possibility, even for an experienced law enforcement professional. But he acknowledged a veteran officer may have acted differently or used another approach after the first few Taser shocks were unsuccessful.

"I don't feel the officers did anything wrong, but I can say the veteran officer may have done a few things differently," Langenbau said.

A mother's sorrow

Michael Zubrod's mother says she's heartbroken and grieves for everyone involved in the Sept. 22 incident that ended with her son's death.

"I feel sorry for everyone involved, including the deputies," Cheri Zubrod said. "I can't imagine the stuff they had to go through that night. It had to be terribly traumatic for them all."

She believes the drugs, along with her son skipping medication to treat mild schizophrenia, are responsible.

Cheri Zubrod said she wants people to know that Michael Zubrod — until that night — was a loving, non-violent person. And that's how she remembers him.

His girlfriend, Rhonda Schukei, said Zubrod had never been aggressive toward her in the eight years they were in a relationship. She said Zubrod had been hearing voices just prior to the attack, according to a story published in April by the Mason City Globe Gazette.

"He'd say, 'What?' and look around trying to find the direction they were coming from," Schukei told the Globe Gazette. "It was heartbreaking when he didn't take his medication to see him talk to the ceiling or whatever."

Cheri Zubrod hopes her experience and talking about the issue can help others.

"Losing a child is horrific in itself, but losing your child to mental illness and drugs is unbearable," Cheri Zubrod said. "He must have just splintered to pieces. There are so many people out there using meth as an everyday thing, like having a cup of coffee to them. I don't understand how they can do that and not think about how it is destroying them minute by minute."

— Jason Clayworth