After nearly 11 months of deliberation, Dubuque County Attorney Ralph Potter has decided to refer the shooting death of a Dyersville, Iowa, man to a grand jury -- a rare move in Dubuque County justice.
A request will be made next week to First Judicial District Chief Judge Jon C. Fister, of Waterloo, to send the investigation into the November 2008 death of 24-year-old David Herman to a grand jury, Potter told the Telegraph Herald on Friday.
"I don't want the people in Dubuque County to feel like we're hiding something," Potter said. "You look at a case after a while, and you get your own biases.
"I'm willing to listen to the citizens of this community."
Herman was shot and killed Nov. 29, 2008, 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 was at the apartment complex to change locks on two apartments.
Leppert and Herman exchanged blows during the fight after Herman and his girlfriend, Jen Fauver, returned to move belongings after being evicted, witnesses told investigators.
The fight spilled over to Leppert's car, where his gun was hidden. Herman jumped into the car, and witnesses told authorities that Leppert fired at least two shots, one striking Herman's chest.
Once the grand jury request is accepted, a panel of 12 Dubuque County residents will be selected.
Seven citizens will serve on the panel, and they will have the opportunity to listen to and subpoena witnesses and examine evidence from the case.
Potter anticipates the grand jury will start meeting in November. The grand jury decides whether there will be an indictment or criminal charges filed in the case.
"Both (Leppert's) story and (Fauver's) story have biases," Potter said. "That's her boyfriend, and that's him doing the shooting.
"We have their statements, and a grand jury will have a chance to look at them and question them if they want."
Potter said there are different accounts from the incident, whether it was from witnesses at the scene or law enforcement officials.
He hopes the grand jury can give credibility to some of the witnesses' accounts.
Asked about public criticism over the arguably long legal process, Potter revealed his ethical dilemma when deciding how to proceed with the case.
The county attorney said it was a "struggle" when he weighed the legal options, resulting in many evenings at home poring over the case file.
"I know (Herman's) family is frustrated with me, but I'm in a position with them unlike one that I would normally be in," Potter said. "I've been a little reluctant to discuss this case when I haven't made up my own mind.
"I don't mean to say that (Herman) deserved to die. I told them that very clearly in the letter. This was a tragedy, but that doesn't mean under the laws of the state of Iowa that it's a crime."
Potter also won't apologize for taking the time to flush out his decision.
"I know there's been a delay, but sometimes we get spoiled," Potter said. "Sometimes, with homicides, we stretch it out.
"I'm going to take my time and not rush decisions like this, because it affects people's lives."
Letters detailing Potter's decision were sent on Wednesday to Fauver and to Herman's mother, Dana Bond.
Bond was not available for comment Friday. A call placed to Fauver's cell phone was not returned.
This will be the first prosecuting case in Potter's 31-year career that has gone to a grand jury, and it's a rare request in Dubuque County history.
In 1981, a federal grand jury met in Dubuque to investigate possible misuse of Fort Dodge, Iowa, city finances by a previous administration, according to TH archives.
A grand jury in Dubuque ruled on the viability of county detention facilities in Farley, Epworth and New Vienna in 1980, according to a TH archived story.
