Telegraph Herald - Dubuque, IA


 
Friday, February 6, 2009
Shooting probe turns to distance
Investigators in deadly Dyersville altercation are examining the space between the gun and the man who was shot

Authorities are focusing on distance in the investigation of the shooting death of a Dyersville man in November.

David Herman, 24, was shot and killed Nov. 29 outside of a Dyersville apartment complex.

A Dubuque locksmith, Christopher Leppert, 48, was identified by authorities as the shooter after he and Herman were involved in an altercation.

Leppert and Herman exchanged blows during a fight after Herman and his girlfriend, Jen Fauver, returned to move belongings after being evicted, witnesses told investigators.

Leppert was at Bonjour Estates in Dyersville to change the locks on two apartments.

The fight spilled over to Leppert's car, where his gun was hidden. Herman jumped into the car, and witnesses told authorities Leppert fired at least two shots. One struck Herman in the chest.

Leppert has not been charged in the case, and authorities are investigating the use of deadly force.

Authorities have turned their attention to the approximate distance between Leppert's gun and Herman. Once the distance is determined, all evidence from the investigation should be gathered, Dubuque County Attorney Ralph Potter said.

"We'll sit down and decide what we are going to do," Potter said. "We're hopeful to receive the (distance) results."

Potter said he contacted forensics officials about the delay and was told the lab was "backed up."

"We are not sure (when the results will arrive)," Potter said. "We are hoping to have something soon."

Herman's autopsy and toxicology results have been returned to the county attorney's office. Potter declined to reveal details of the autopsy.

A call to the Iowa State Medical Examiner's Office in Ankeny requesting Herman's autopsy results was not immediately returned Thursday.

Leppert's permit to carry a weapon has been revoked while the investigation is ongoing, and his gun is part of evidence, said Dubuque County Sheriff Ken Runde.

"I'm not going to issue (a permit) while an investigation is pending," Runde said.

Search warrants executed in December seized a nylon holster, US Bank bag, Leppert's permit for a concealed weapon and two DNA samples from Leppert.

Police also applied for "photographic evidence of Leppert's full body including but not limited to, injuries consistent with a physical fight."

Reached Thursday evening at Masterkey Locksmithing, Leppert said he has been "advised to keep my mouth shut."


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