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Iowa AG’s office will review case of Marion teen fatally shot by police
Linn County Attorney Nick Maybanks referred the case because of conflict of interest
Trish Mehaffey Feb. 6, 2026 2:20 pm, Updated: Feb. 6, 2026 4:13 pm
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CEDAR RAPIDS — Linn County Attorney Nick Maybanks will not review and provide an opinion and charging decision for a Marion officer who fatally shot a teen earlier this week after the teen threatened two officers with a machete.
Maybanks said he has a conflict of interest with the case and will refer it to the Iowa Attorney General’s Office to review. According to Iowa law, it is the duty of a county attorney in an officer-involved shooting resulting in death or serious bodily injury, to review the evidence and provide a written opinion and charging decision, convene a grand jury or refer the case to the attorney general.
During his tenure, Maybanks has reviewed five cases involving officers using deadly force and this is the first one where there’s been a conflict of interest. Iowa law requires him to refer it to an independent prosecutor or the attorney general, he said.
“The conflict of interest involves an employee of the Linn County Attorney’s Office being related to a witness who was present,” Maybanks added.
The Attorney General’s Office has six months to provide an opinion and charging decision.
Marion fatal shooting
In the incident on Wednesday, a Marion police officer fatally shot Saber Jonathan Bernard, 18, of Marion, who police identified late Thursday. The teen threatened two officers with a machete, police said.
Department officials previously said officers were called at 7:38 a.m. to the 4100 block of Deer Valley Drive Wednesday to talk to Bernard after he asked his neighbor to call the police because he wanted to talk to an officer.
Two officers spoke with the man but he didn’t say why he wanted to talk to them. After a few minutes, he pulled out a “concealed machete” and moved toward the officers, according to police.
The officers told the man to drop the weapon, and one of the officers deployed a taser, which was not effective. The man approached the other officer, still holding the machete, and the officer backed away while continuing to tell the teen to drop the weapon, before shooting once at him, police said.
Officials said the teen “continued to resist as the officers placed him into custody, but quickly became unresponsive.”
“At that point, officers initiated CPR, and paramedics were summoned to the scene,” according to a news release.
The teen was taken to a hospital but later died.
The officers involved in the call have been placed on critical incident leave, and the Iowa Division of Criminal Investigation is investigating the shooting.
“The City of Marion and the Marion Police Department mourn the loss of life and all impacted by this situation,” the release stated.
Linn County Attorney will review December incident on I-380
There was a previous incident on Dec. 31, 2025, involving officers firing at an Alabama man who eluded police and fired multiple rounds at more than one officer.
Maybanks will review and provide an opinion and charging decision on officers who shot and injured Samuel Reese III, 32, of Center Point, Ala., after Reese, driving a vehicle he “carjacked” from the Cedar Falls area, fired multiple times at law enforcement officers.
Reese initially eluded Linn County Sheriff’s Deputy Derek Pritchard who pursued him after Pritchard saw the reported stolen vehicle on Interstate 380 southbound, just north of County Home Road, according to a criminal complaint. Reese led Pritchard on a high-speed chase, reaching speeds up to 153 mph, before making a U-turn, reentering the I-380 southbound ramp and firing a gun out the car window “directly” at the deputy.
Reese eventually crashed into a median, just south of Tower Terrace Road, but Reese got out of the vehicle and fired additional rounds at the deputy, who was still inside his squad car, the complaint stated.
Other law enforcement arrived as Reese ran from them across northbound traffic toward a radio tower at Kettelsen Drive in Hiawatha, firing multiple times at Pritchard and other law enforcement at that location.
Another Cedar Rapids officer then fired at Reese, striking him in the face and causing him to fall to the ground, allowing officers to arrest him, according to the complaint.
Reese was taken to the hospital and released a few days later.
He was charged with 19 offenses — three charges of attempted murder of a peace officer; three charges of intimidation with a dangerous weapon — intent; eight charges of assault on persons in certain occupation — dangerous weapon; and one charge each of interference with official acts — armed with firearm, assault while participating in a felony, eluding while exceeding speed limit by 25 mph or more, use of a dangerous weapon in the commission of a crime and persons ineligible to carry dangerous weapon.
Once the Iowa Division of Criminal Investigation completes its investigation, it will be sent to Maybanks for review.
Trish Mehaffey covers state and federal courts for The Gazette
Comments: (319) 398-8318; trish.mehaffey@thegazette.com

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