DAVENPORT, Iowa — Just after 3:30 p.m. Oct. 13, Davenport police officers were executing an arrest warrant in a neighborhood along Iowa Street, near the Sacred Heart Cathedral.
Then, suspect Bobby Klum started running from police and was holding what appeared to be a handgun.
"Hey man, we can talk about this," one officer yelled. "Let's just put the gun down for me!"
"Klum continually ignored officers' commands to drop his weapon," Scott County lawyer Mike Walton said, reflecting on the body cam video. "Officer Lucas Rusk tried to start a dialogue with Klum."
Walton was in charge of reviewing this case. He said officers tried to use less-lethal projectiles. One officer hit Klum in the left shoulder but did not stop Klum. A second officer either grazed or missed Klum, Walton said.
"This becomes further complicated, especially on Iowa Street, with groups of citizens who were on the street," Walton said.
Officers yelled at those groups of people to go inside and away from the scene. Klum crossed the street and was within about 20 feet of a group of people when Davenport officer Mason Roth fired a shot.
Klum died from his injuries from that gunshot.
After the investigation, county prosecutors revealed Thursday the gun Klum was carrying was not what police originally thought.
"He was carrying a black Umarex XBG airsoft BB gun," Walton said.
In these circumstances, Walton found Officer Roth's deadly force was justified.
"He never pointed the gun at the crowd. It was the proximity. I think it's a reasonable question to ask how long it takes to go from this to that," Walton explained as he motioned with his arm.
Davenport Police Chief Paul Sikorski agreed.
"The reality of a situation like this, the officers not only have to protect themselves, but they're protecting the community, too," Sikorski said.
A chase, a confrontation and a decision all happened within 12 minutes.
Davenport Police Department leaders said Thursday that Roth is on administrative leave, and there is no timetable for his return.