DES MOINES—In a report issued today, the Iowa Attorney General’s Office has concluded that the July 30, 2024, fatal shooting of Weston Derby by two Des Moines police officers was “legally justified.”
The Attorney General’s conclusion was based on a review and investigation by the Iowa Division of Criminal Investigation. The investigation found that at approximately 3:30 a.m. on July 30, Des Moines police responded to a 911 call from a woman reporting that her ex-boyfriend, Weston Derby, had shown up at her home acting “psychotic,” appearing to be on drugs, and driving what looked to be a stolen SUV. The woman had obtained a protective order against Derby earlier that day after he made six unwelcome visits to her home within the week leading up to his death. During one of those visits, Derby left the woman a potted plant and a threatening letter on her doorstep saying that if she refused to meet him at a specified time and location, he would drown a small animal he got her in a nearby lake. He later left a second letter blaming her for destroying his life.
When he returned on July 30, Derby told the woman through a surveillance camera not to call the police. She called 911 anyway, and he fled before the officers arrived. The two responding officers attempted to stop Derby when they located him in the stolen SUV with stolen plates, but he accelerated and drove recklessly through the rain. The chase continued until one officer used a tactical Precision Immobilization Technique maneuver to stop him. Derby then lost control and drove into a ditch near the intersection. The officers engaged Derby in the dark and rain in front of the vehicle and pleaded with him to drop what appeared to be a semi-automatic weapon he had aimed at his head. Derby refused the officers’ repeated demands to drop the weapon and then pointed it at the officers. Both officers opened fire and shot Derby dead. It was later revealed that Derby was holding a pellet gun that was nearly indistinguishable from a semi-automatic handgun.
Derby had a lengthy criminal record, including arrests for terroristic threats, burglary, possession of a controlled substance, trespassing, assault, driving while intoxicated, theft, disorderly conduct, and repeatedly violating protective orders, including against his ex-girlfriend. She had obtained a previous protective order in Nebraska in 2018 because Derby was abusive to her and her son. He also had a history of violence toward law enforcement and had once even attacked an officer to get the officer to shoot him.
The report is issued under the Attorney General’s independent authority under Iowa Code section 13.12 to investigate or prosecute conduct of law enforcement that results in death.
A copy of the report is available here.
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For More Information:
Alyssa Brouillet | Press Secretary
515-823-9112
