Iowa AG: Officers justified in fatal shooting of Linn County man at Dubuque County traffic stop

The fatal shooting of a Linn County man by law enforcement officers during a traffic stop near Cascade in Dubuque County last month was justified, according to a report issued Friday by the Iowa Attorney General’s Office.

The report details officers’ investigation into James Young Sherrill Jr., 36, the traffic stop, and the struggle that ended in Sherrill’s death and the wounding of an officer.

In the early morning hours of July 1, members of the Dubuque Drug Task Force began surveillance of Sherrill, who had a history of state and federal weapons, drug, and money laundering charges, and “was known to go armed with a handgun at all times,” according to the report.

Sherrill also had reportedly said he would “commit suicide by cop” if stopped by police.

Monticello Police Officer Cole Millard, who was on duty that morning, was enlisted to watch for Sherrill’s pickup truck. He saw it driving north on Highway 151 — followed by two unmarked SUVs occupied by drug task force members and a state narcotics agent — and stopped it at 4:34 a.m.

Knowing Sherrill’s history, officers conducted a “high-risk stop” with guns drawn, the report states. Millard and Sgt. Adam Williams of the Dubuque County Sheriff’s Office took up positions behind Sherrill’s truck.

Sherrill complied with Williams’ commands to turn off his truck’s engine and put his hands out the window, but when Williams ordered him to drop the truck’s keys out the window, Sherrill asked why he was being stopped.

Sherrill told officers he and his dog were alone in the truck, and he had no weapons.

Williams and Millard approached the driver’s side of the truck, accompanied by a Jones County deputy and Dubuque officer. The deputy grabbed Sherrill’s wrist in an attempt to handcuff him, but Sherrill pulled away.

Dubuque Police Officer Chad Leitzen approached the passenger’s side of the truck with his gun drawn. He confirmed that Sherrill and his dog were alone, but told other officers he could see Sherrill had a knife sheath on his waistband.

After several minutes of refusing to comply with officers, Sherrill started the truck’s ignition. According to the report, most of the officers started to return to their vehicles for a pursuit, but Williams reached into the truck with his left hand and turned the ignition off.

“Sgt. Williams, fearing a pursuit that would endanger the officers — 7 — and the public, did not want Sherrill to restart the engine and struggled with Sherrill over control of the key,“ the report states.

During the struggle, Dubuque Police Officer Nick Soppe fired a taser at Sherrill, but it did not incapacitate him. Soppe fired a second taser cartridge.

Leitzen, on the passenger’s side, saw Sherrill reach toward the floor of the truck and come back up with a handgun. He shouted “gun,” and fired at Sherrill.

Williams, whose arm still was inside the truck, also saw the gun. He grabbed Sherrill’s hand that was holding the gun.

“He could feel Sherrill actively trying to raise the gun toward him and fought with Sherrill through the open window to gain control of the gun,” the report states.

Millard, positioned on the driver’s side, heard “gun,” and began shooting at Sherrill. Williams used his right hand to draw his own handgun, stepped back, and also shot at Sherrill.

At some point during the altercation, a bullet struck Williams’ left hand.

Sherrill was pronounced dead in an ambulance on the way to the Dubuque County Hospital.

The report states that the handgun in Sherrill’s hand was a loaded 9 mm, and the sheath on his waistband contained a knife. His truck contained: more than five pounds of methamphetamine; a drug scale; “what appeared to be heroin, cocaine, and marijuana”; more than $15,000 in cash; and a ledger. Sherrill also had five cellphones and three tablets, the report states.

The shooting was investigated by the Iowa Division of Criminal Investigation, then reviewed by the Attorney General’s Office.

In announcing its decision that officers’ actions were justified, the report states, “Sherrill had signaled his intention to flee, endangering officers and other persons on the road, and, in raising a handgun toward Sgt. Williams, was now acting to kill the officers to make good on that intention to flee.”