Deadly force in Iowa police shooting called justified

Jens Manuel Krogstad | USA TODAY

Show Caption Hide Caption Dash cam footage: Police chase ends with fatal shooting An Ames, Iowa, police officer shot and killed a man Nov. 4, 2013, after a high-speed chase concluded on the Iowa State University campus. Video: Ames Police Department

Tyler Comstock was accused of stealing a truck from a worksite

Police pursued%3B he rammed squad car%2C continued to flee

When Comstock was stopped%2C he didn%27t turn off the truck%2C instead rammed patrol car again

AMES, Iowa — The use of deadly force in this week's shooting of a chase suspect was justified, an Iowa county attorney decided as he released a police car dashboard video of the incident Thursday.

"These officers were placed in an impossible situation," Story County Attorney Stephen Holmes wrote in his report to Ames Police Chief Charles Cychosz.

Twice during Monday's chase, an unidentified police supervisor suggested that Ames Police Officer Adam McPherson back off his pursuit of Tyler Comstock, 19, of Boone, Iowa, accused of stealing a ¾-ton pick-up truck and trailer, according to dispatcher audio.

"If he's that reckless coming into the college area, why don't you back off?" the supervisor said to McPherson the first time.

Moments later, the supervisor again suggests McPherson cut off the pursuit: "We know the suspect. We can probably back it off."

But Comstock was running stop signs, racing through a red light, weaving through narrow city streets at speeds approaching 70 mph, ramming police cars and narrowly missing both pedestrians and other vehicles, the video shows.

By the time of the second suggestion, the officer, who has been on the Ames force for eight years, was getting out of his squad car and telling Comstock to turn off the truck's ignition. It's unclear whether McPherson heard the supervisor over the police radio, Ames police Cmdr. Geoff Huff said.

At the scene, Comstock instead revved the truck's engine. And in the dashboard video, an unidentified vehicle can be seen striking McPherson's squad car again.

Within seconds, seven rapidly fired shots can be heard in the video. Then two officers with guns drawn appear, presumably approaching the truck.

Comstock died from two gunshot wounds, one each to his head and chest, according to the Iowa State Medical Examiner's office.

"It is my conclusion that officer McPherson acted reasonably under very difficult circumstances and McPherson's use of deadly force was justified," Story County Attorney Stephen Holmes wrote in a letter to Ames Police Chief Charles Cychosz. Holmes wrote that his decision came after reviewing McPherson's taped interview after the shooting, watching three video recordings of the chase and shooting, and interviewing witnesses.

Typically, an investigation into a police-involved shooting can take several days or weeks, an Iowa Division of Criminal Investigation spokesman said Wednesday.

However, the county attorney's decision and patrol car video were released now because The Des Moines Register made the dispatchers' audio public Tuesday, Huff said.

"That unfortunately forced our hand to move quicker than we normally would have," Huff said.

Comstock's family continued to have questions after seeing the video. Monica Comstock said she wanted to ask her stepson why he didn't stop; she wanted to ask McPherson why he believed he had to shoot.

"We're heartbroken at the way it had to end and wish the outcome could have been different," she said, reading from a statement.

She said Tyler Comstock's father, James Comstock, was too upset to give interviews.

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The chase began after Tyler Comstock's father reported the truck stolen around 10:30 a.m. CT Monday. According to Holmes' letter, McPherson attempted to stop the truck, but the driver continued traveling at a higher speed "recklessly passing other vehicles."

After traveling a short distance, Tyler Comstock stopped the truck and put it in reverse, ramming the trailer it was pulling into McPherson's squad car. The force of the impact pushed the squad car sideways, Holmes wrote.

The department's chase policy requires ending pursuit "when the suspect's identity has been established to the point that later apprehension can be accomplished."

But the truck continued to travel recklessly, losing the trailer and its contents in the chase. After a few minutes Tyler Comstock drove off the roadway through the Iowa State University campus, narrowly missing other vehicles and pedestrians, and rammed McPherson's patrol car again.

"The final confrontation is critical," Holmes wrote. "Both police vehicles are disabled. The truck is still operational. The officers have every reason to be in fear of 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."

Comstock had numerous opportunities to stop the truck and get out, avoiding a confrontation, the county attorney wrote.

"In conclusion, McPherson and (another officer) were compelled by Comstock's actions, which occur under a very fast-moving time line," Holmes wrote. "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."

Jens Manuel Krogstad also reports for The Des Moines Register.