Cedar Rapids man sentenced to 30 years for firing pellet gun at house, police officers

CEDAR RAPIDS — A Cedar Rapids man, who insisted on representing himself in court Friday, was sentenced to 30 years in prison for firing multiple shots at a house with a pellet gun and then firing more shots at police officers when they responded March 23, 2022.

A Linn County jury in August found Leo Bushnell, 38, guilty of one count of second-degree criminal mischief, two counts of assault on a peace officer with a dangerous weapon, all felonies, and possession of explosive/incendiary materials, an aggravated misdemeanor, and fourth-degree criminal mischief, a serious misdemeanor. He was acquitted of possession of drug paraphernalia.

Bushnell asked 6th Judicial District Judge Sean McPartland to remove his lawyer because he wanted to represent himself during the hearing. He fired his previous lawyer who represented him at trial, claiming he didn’t have the required education.

Bushnell pointed out that mental health professionals at the Iowa Medical and Classification Center in Coralville had twice found him competent to stand trial.

McPartland went through Bushnell’s right to represent himself and questioned him to make sure Bushnell understood the proceedings.

Bushnell said he thought he had better expertise and training than his lawyer. He questioned the judge about his use of the word “lawyer,” asking if the judge meant his “attorney.”

Bushnell also told the judge he didn’t have any mental health issues.

First Assistant Monica Slaughter recommended a sentence of 45 years in prison because the offenses were premeditated and he endangered his neighbor, shooting out several windows of the house in the 200 block of 15th Street SE, and police officers, and he’d earlier shot at a squad car driven by Deputy Police Chief Tom Jonker.

Bushnell believed his neighbor’s house was a meeting ground for “enemy insurgents or terrorists.”

Police officers traced the shooter’s location to an apartment at 1503 Second Ave. SE, where Bushnell refused to open the door, and police called in the department’s Special Response Team.

Slaughter said Bushnell had made up his mind to kill the police officers with his “high-powered pellet gun” and had shot at Officer Timothy Brown after he’d left the neighbor’s residence.

When officers obtained a search warrant, they entered Bushnell’s apartment where he was lying on his stomach, “in a sniper’s position,” and fired the pellet gun, striking Officer Jared Jupin in the hand, and then shooting Jupin’s shield before officers gained control of him.

Slaughter also said that Bushnell, during the trial, pointed “finger guns” — pointing his finger in the shape of gun — at officers while they testified.

Slaughter said Bushnell has a lengthy criminal history, including multiple assaults, burglaries, domestic abuse, carrying weapons, making threats and having explosive devices, that show a pattern of behavior.

She said officers found several BB guns and pellet guns in Bushnell’s apartment, along with a homemade Molotov cocktail.

“It’s just fortunate he didn’t have a regular firearm, which could have been worse,” she said.

Bushnell response

Bushnell recommended the judge give him a sentence of time served because he had already served 21 months in jail and jail time is much worse than being in prison.

He said he had no choice -- in fact, he was “required to shoot them (police) on sight” because they were dressed in military gear and didn’t have police badges, which he said is against Iowa law.

Bushnell was referring to the Special Response Team members because they were wearing camo uniforms. He also mentioned “thin blue line flags” that represent a “terrorist” organization.

Sentencing

Judge McPartland sentenced Bushnell to 30 years in prison. He ran the second-degree criminal mischief and one of the assault charges, both 15- year sentences, consecutively.

The other three charges he ran concurrently for a total of 30 years with a mandatory six years to serve before being eligible for parole. The criminal mischief and assault charges were enhanced because Bushnell is an habitual offender.

McPartland said the reasons for running the sentences consecutively were the serious nature of the offenses, Bushnell’s “significant” criminal history, his lack of remorse, and to protect the community.

Prison time, he said, also will allow Bushnell access to mental health and any substance abuse treatment, if needed.

He also said the incident could have been more serious if Bushnell had had a firearm.

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