The silence from Dubuque County Attorney Ralph Potter's office after the shooting death of a Dyersville, Iowa, man on Nov. 29 might have some justification, according to one university law professor.

But as the county attorney's office sorts through a controversial death investigation to determine whether force was justified, a recent analysis shows self-defense laws present problems for prosecutors in many parts of the country.

David Herman, 24, was killed after an altercation with 48-year-old Christopher S. Leppert, a locksmith from Dubuque.

Herman and his girlfriend, Jen Fauver, were evicted from their Dyersville apartment and were moving their belongings when the couple and Leppert began to argue, according to the Dubuque County Sheriff's Department.

A fight ensued, with punching and shoving. At some point, Leppert was able to retreat to his car, where his .32-caliber pistol was hidden. Herman, who was not carrying a weapon, jumped into the locksmith's car. Another fight broke out, and sometime during the second altercation, Leppert shot Herman in the chest, the sheriff's department said.

Leppert,

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who has a permit to carry a concealed weapon, has not been charged in Herman's death.

Potter originally declined to identify the shooter but relented Tuesday, asserting "other businesses and individuals are being accused of being involved in this event."

Authorities still were sorting out details of the shooting as of last week.

Robert Rigg, Drake University Criminal Defense Program director and associate professor of law, said if a reasonable person has reason to believe he faces an imminent threat, deadly force can be justified.

"There could be some things with an investigation, and they have decided not to proceed until an investigation is complete," Rigg said of Potter's office. "If you trust your county attorney, give him some time and some space."

People close to Herman have questioned the delay in a charging decision and Leppert's release from custody.

In a letter to the editor sent to the Telegraph Herald, Jim Fauver, Jen Fauver's father, wrote that Leppert had a chance to leave the scene before the shooting and didn't.

Jim Fauver asks that Leppert be prosecuted, and a jury can decide if self-defense is a plausible argument. Fauver is skeptical of Leppert's claim.

"Self defense?" wrote the Dubuque man. "David was physically attacked in the first place. He was not the aggressor.

"Why did (Leppert) not go to his car to drive away, or lock the doors and dial 911 if he truly felt he was in danger?"

According to authorities, Herman confronted the locksmith.

Rigg said investigators will need to weigh all sides and not rush to file charges.

"If there's no danger, (he) won't run, and you don't have answers, why would you be in a hurry (to file charges)?" Rigg said.

"The concern right now is whether the individual who was shot was the victim or the instigator. They have questions that need to be answered. You don't level charges because of initial appearances."

Potter was out of his office Friday afternoon and unavailable for comment.

Several states have relaxed self-defense language, making it somewhat easier to justify deadly force.

In 2006, Mississippi adopted its version of the so-called castle doctrine, which lifts requirements that individuals first try to flee before using deadly force to counter a threat in their homes, vehicles or, in Mississippi's case, at work.

Gun-rights advocates who have helped pass the law in 23 states since 2003 say it removes an unfair legal penalty for people exercising a constitutional right in a life-or-death emergency, though some police and prosecutors are skeptical of self-defense claims under the law.

An Associated Press review found a growing number of cases but no clear trend yet in how the law is applied or how cases will be resolved in court.

All a defendant has to do is establish a threat, and usually the other witness is dead.

Under Iowa code 704.3, citing defense of self or others, "A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force."

That shifts the burden to prosecutors and police investigators, who have to gather evidence to show beyond a reasonable doubt that deadly force wasn't justified, according to a report released this summer by the National District Attorneys Association.

"It's very difficult to prove a negative," said Steven Jansen, president of the NDAA. "It might be a little too early to get the overall effect through the court process because we're just seeing the cases enter the court and finding out how the judges are going to rule."

-- The Associated Press

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