Scott Co. Attorney: Davenport officers justified to shoot

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By Dustin Lemmon | Thursday, March 1, 2007 12:35 AM CST | () comments

Two Davenport police officers who shot Frank Elfgen to death Saturday night in a Davenport residence were in danger and the shooting was justified, assistant Scott County Attorney Mike Walton said Wednesday.

Walton announced his decision after reviewing the results of an ongoing investigation by the Iowa Division of Criminal Investigation and the Scott County Sheriff's Office.

Walton said the power at 1607 W. 6th St. was out when Officer Jason Ellerbach responded to a 911 call placed by Elfgen’s roommate William Parker, 44, who said Elfgen was in a first-floor bedroom threatening to kill himself.

When Ellerbach arrived around 9 p.m. all he had to guide him was a flashlight. He ordered Elfgen to drop the knife, but he refused. Ellerbach called for back up and eventually six officers were on the scene, Walton said.

“Mr. Ellerbach had real concerns that Mr. Elfgen was going to harm himself,” Walton said.

Officer Jonathan Tatum tried to use a stun gun to stun Elfgen but was not successful, Walton said. Elfgen tried to take a swipe at Officer William Hurt with the knife, and the officers backed out of the room, Walton added.

Elfgen then charged at Ellerbach who fired his weapon three times striking Elfgen twice, Walton said. Hurt also fired two rounds striking Elfgen two times, he said. At the time, six officers were in the small room or nearby, authorities said.

Walton said Elfgen was so close he landed near Ellerbach’s feet.

“Mr. Elfgen presented a serious risk to himself and others,” Walton said. “Based on the investigation, it is my opinion that the actions of the officers involved were justifiable and reasonable under the circumstances.”

During the incident three officers were hurt, including one who fell over a table while retreating. The two others suffered minor bruises, Chief Mike Bladel said.

“This thing unfolded in milliseconds,” Bladel said. “He chose to attack our officers. It was the right response as far as I’m concerned.”

Bladel said it was already a hectic night for police with the ongoing ice storm and several power outages around the city. He said the department was fortunate to have as many seasoned officers at the scene as they did.

Bladel said the officers who were placed on administrative leave, will return to duty soon.