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Attorney: Shooting by deputy was justified

Man was shot following vehicle pursuit

A Webster County deputy was justified in the shooting of a suspect on April 7, Sac County Attorney Ben Smith has ruled.

His report was made public Thursday morning.

Webster County Deputy Matt Miller’s actions “were reasonable, proportionate, and necessary to neutralize an imminent threat posed by Shawn Marshall,” Smith wrote

“Not only did Deputy Miller’s actions meet the legal requirements for using deadly force, but he also demonstrated professionalism and extraordinary situational awareness throughout the incident,” he added.

In his report, Smith stated that he reviewed body-worn and dash camera footage as well as witness statements, dispatch records, and forensic reports during his investigation.

Miller, who has just over one year of law enforcement experience, shot Shawn Ian Lee Marshall, 42, of Gowrie, in the hand following a vehicle pursuit throughout southern Webster County. Marshall remains hospitalized from injuries suffered in the incident. Smith said criminal charges against Marshall are pending from the Webster County Attorney’s Office.

The events that led to Miller shooting Marshall began at 9:46 p.m. April 7 when a domestic disturbance was reported in Gowrie. Deputies spotted a vehicle that was reported to have left the scene of that incident and tried to stop it.

Marshall refused to stop and led the deputies on a chase through southern Webster County. The chase ended when his vehicle was disabled at River Road and Iowa Highway 175.

When deputies exited their vehicles and ordered Marshall to put his hands up, he reached down to the passenger seat and stated that he was getting a gun, according to the Sheriff’s Department. He then made a shooting motion toward a deputy through the back window of the vehicle.

Miller fired one shot through the back passenger window, striking Marshall in the right hand, according to the Sheriff’s Department. Deputies were then able to detain him. A pistol was located on the driver side floorboard of his vehicle.

Miller is now able to return to active duty upon completion of a psychological review, according to departmental policy.

“The Webster County Sheriff’s Office appreciates the assistance from the Division of Criminal Investigation, the Webster County Attorney’s Office, and the Sac County Attorney’s Office for bringing a quick and justified resolution to this part of the investigation,” said Webster County Sheriff Luke Fleener.

Webster County Attorney Darren Driscoll asked Smith to review the incident.

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