The Iowa Division of Criminal Investigation has provided the Van Buren County Attorney’s Office with evidence and information collected regarding the October 16, 2012 incident between Robert Michael Dooley and Van Buren County Sheriff’s Deputies Brad Hudson and Jon Tharp during which Deputy Tharp shot Mr. Dooley. Mr. Dooley died instantly from a single gunshot wound.
The Van Buren County Attorney’s Office has reviewed the 911 calls placed to the Van Buren County Sheriff on October 16, 2012, the telephone log of the Van Buren County Sheriff for October 16, 2012, the witness statement of Van Buren County Chief Deputy Brad Hudson, the D.C. I. interview of Deputy Jon Tharp, the report of Van Buren County Reserve Deputy Chris Kauffman, photographs of the incident scene and the images from the in-dash camera from Chief Deputy Hudson’s patrol vehicle. Also reviewed was the Affidavit attached to the search warrant issued October 16, 2012 for Mr. Dooley’s vehicle and hotel room. Finally, the Van Buren County Attorney’s Office has been briefed by Iowa Division of Criminal Investigation Special Agents Jeff Uhlmeyer, Rick Rahn and Matt George, following their investigation of the shooting.
On October 16, 2012, at approximately 11:00 A.M., Chief Deputy Hudson and Deputy Tharp responded to a 911 report of a male subject, later identified as Robert Michael Dooley, walking west on Highway 2 in Van Buren County, east of Cantril, Iowa. The report indicated that the subject was armed with a rifle and wearing a military uniform. The reporting party also stated that the subject was making obscene gestures at passing motorists. The deputies responded in Hudson’s patrol vehicle. While enroute, the deputies were advised that the subject appeared to be walking away from a disabled vehicle. The vehicle was reported to be displaying an upside down United States flag and other motorists confirmed the subject was making obscene gestures towards them. Deputy Hudson activated his emergency lights, but did not activate his siren because he did not want a potential gunman to hear their approach and have an opportunity to take up a concealed or defensive position. Near the intersection of Highway 2 and Hickory Avenue, the officers observed a vehicle parked on the westbound shoulder facing west. The vehicles trunk lid was up and Deputy Hudson observed a United States flag hanging upside down near the trunk. The officers continued on Highway 2 and observed Mr.Dooley walking west on the shoulder of Highway 2 approximately 200 yards east of a residence located at 16985 Highway 2, Cantril, Iowa. Deputy Tharp called out to Deputy Hudson that he could see the man had a rifle. Deputy Hudson observed Mr. Dooley make an obscene gesture at an eastbound vehicle. Deputy Hudson pulled onto the shoulder behind Mr. Dooley who continued to walk westbound. Deputy Tharp was leaning out of his window covering Mr. Dooley with his rifle. Deputy Tharp began shouting commands for Mr. Dooley to drop his weapon. Deputy Hudson stopped his vehicle approximately 20 yards from Mr. Dooley and began to get out. As Deputy Hudson was exiting his vehicle he could hear Deputy Tharp shouting for Mr. Dooley to drop his weapon. Mr. Dooley appeared to be holding a rifle and, as he turned, he raised the rifle barrel up towards Deputy Tharp’s position outside the passenger door of Hudson’s vehicle. Both deputies believed Mr. Dooley was raising the rifle in order to fire it at one or both deputies. Mr. Dooley made no statements to the deputies. Deputy Hudson had acquired a sight picture of Mr. Dooley through his optical sight and as he was preparing to engage Mr. Dooley, Hudson heard Deputy Tharp fire one round. Deputy Hudson observed the round impact Mr. Dooley and saw him fall to the ground where he lay motionless. The deputies determined that Deputy Tharp’s shot killed Mr. Dooley instantly. This observation was confirmed by the Van Buren County Medical Examiner at approximately 12:03 P.M. Mr. Dooley’s weapon was found to be a vintage air rifle manufactured to replicate a Winchester Model 1894 lever action rifle. A green vinyl covered wire was looped through a ring on the rifle and over Mr. Dooley’s right arm.
A thorough investigation has determined that Deputy Tharp’s actions were justified and performed within the scope of his employment as a deputy sheriff and were intended as a defensive measure to protect himself and others from the actions of Robert Michael Dooley. As a result, no criminal charges will be filed.
