Iowa attorney general says fatal Waterloo police shooting in July was justified, clears officers (2024)

WATERLOO – The police shooting that killed Kelvin Plain Jr. has been deemed legally justified by the Iowa Attorney General’s Office.

On the morning of June 30, Waterloo Police Officers Jason Chopard and Thomas Schuster responded to the area around Sullivan Park for a report of a man riding a bicycle and carrying a gun. The woman calling in the report had called the police department the previous day, stating Plain was trespassing on her property and she was afraid because her son had a history of conflict with Plain.

When officers located Plain that Sunday, he fled on his bike but fell and dropped his handgun. He then picked up the gun and ran when Chopard called for backup. When Schuster arrived on scene, he positioned his patrol vehicle to block Plain, who then hit the corner of the vehicle and fell down.

Plain attempted to run away, and Schuster shot his Taser, causing Plain to fall to the ground. The report said Plain rolled over from his stomach and fired at Chopard’s vehicle, then fired multiple rounds at Schuster and then shot again at Chopard. Plain fired a total of 11 shots. One of the shots went through Chopard’s patrol car door and hit him in the abdomen. Schuster was struck twice in the leg and in the chest. The shot to the chest was stopped by his ballistics vest. Both officers underwent surgery.

The two officers fired a total of seven shots and Plain died at the scene. He was 35 years old.

In a ruling issued Thursday, the attorney general’s report states deadly force must be considered reasonable when it is used to avoid injury or a threat to a person’s life or safety.

“They reasonably believed that their lives and the lives of others in the vicinity were under immediate threat, and they responded with a reasonable use of deadly force. The responsibility for the incident and for Plain’s death lies with Plain,” the report states.

The report states Plain was an “immediate and deadly threat” not only to the officers but also to the community.

The report indicated Plain had been making music videos in front of the reporting party’s house and posting the videos on social media, likely as a way to harass the woman’s son, the report states.

One of the photos on his phone showed him riding past her home about 15 minutes before the shooting.

DCI agents found other videos where Plain was rapping and showing off firearms — including one that appeared to be the weapon used to shoot the officers — as he stated “you know I got it on me.”

The report also noted he had a long criminal record of robbery, willfully causing serious injury and possession and distribution of drugs. His felony convictions consisted of illegal firearm possession, perjury and eluding.

He also had a history of violence against law enforcement. In 2014, Plain rammed into a Waterloo patrol vehicle, injuring two officers.

It was the second officer-involved shooting this year. In March, Officer Keaton Northup shot and killed John Carl Piazza after he allegedly fired a gun inside a nearby auto shop, walked home and then pointed a firearm at authorities. The Iowa attorney general ruled that shooting justified in July.