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Man who pummeled cop sues city after officer shot him

WATERLOO – A man who was shot by a Cedar Falls police officer on Christmas Day 2013 after allegedly striking the officer repeatedly about the face and head and knocking him to the ground was found guilty of a lesser assault charge and is now suing the city of Cedar Falls after the officer shot him 3 times.

Zachary Lee Church, age 29 of Parkersburg, was pulled over by Cedar Falls police officer Bob Anderson near 2nd Street and Hudson Avenue in Cedar Falls on December 25th, 2013, at about 2:57 AM. The officer observed Church sleeping in his running vehicle at the location, and smelled the aroma of marijuana from the vehicle and alcohol on Church’s person.

During the subsequent investigation, Church – who is listed as about 6 feet 2 inches tall and 270 lbs. – began to assault officer Anderson, striking him repeatedly about the face and head, and knocking him to the ground. The assault continued until officer Anderson shot Church three times with his firearm. Officer Anderson suffered cuts, abrasions and swelling to his face due to the assault. Church was hospitalized at Sartori Hospital after he was shot, and then jailed, later posting bond on January 7th. Church pled not guilty to charges of felony assault against a peace officer, felony possession of marijuana with intent to deliver and operating while intoxicated.

Church continued to tour and perform with his music band, Failure of Progress, as he awaited trial, which was postponed multiple times.

Finally, on October 13, 2015, Church was found guilty by a jury of first offense operating while intoxicated, felony possession of a controlled substance, and a lesser charge of misdemeanor assault on an officer.

Now, according to published reports, Church is suing the city of Cedar Falls.

The Waterloo-Courier reports that:

In the lawsuit, attorney Benjamin Bergmann of Des Moines said Anderson shot Church “without provocation and without justification.” He said Anderson showed no outward signs of injury following the incident. The suit said that the situation Anderson faced didn’t justify the use of his firearm and noted that Anderson was carrying non-lethal weapons that he could have used.

The suit alleges the city and Olson failed to provide “real world” training in firearms. It also claims negligence, violation of Constitutional rights and assault.

After the shooting, Anderson took a medical retirement because of post traumatic stress.

Zachary Lee Church SUBJECT IS INNOCENT UNTIL PROVEN GUILTY
Zachary Lee Church
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY
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