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Delaware County Attorney says Deputy used reasonable force in Nov. 7th shooting

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December 28th, 2023 by Ric Hanson

(Manchester, Iowa) – A county attorney in northeastern Iowa has issued a statement saying a Delaware County Sheriff’s Deputy was justified when he shot and wounded a man who was charged with Murder in connection with the shooting of a Monticello Fareway Store employee early last month (November). 48-year old Aaron McAtee died from the gunshot wound he suffered during the incident.

Delaware County Attorney John W. Bernau says Deputy Matt Menard‘s use of his service weapon was “reasonable under the circumstances of the moment, to not only protect his own life, but also the lives of nearby citizens.” He said the Deputy also “acted in accordance with his training and experience. When the whole of the incident is looked at objectively, Deputy Menard’s actions in shooting (Nathan) Russell were reasonable and legally justified under Iowa law, and he will face no criminal liability.” Deputy Russell was previously placed on incident leave, pending results of the investigation.

The incident began to unfold at around 7:24-a.m. on November 7, 2023 in Monticello, when a shooting was reported. At approximately 9:30-a.m., during law enforcement’s search of the suspect in the Monticello shooting, Deputy Menard made contact with the suspect, 38-year-old Nathan Allen Russell, in the area of Walnut and 2nd Streets, in Hopkinton. Russell was taken into custody after being treated for the gunshot wound inflicted by the Deputy.

Russell was charged with Murder in Jones County. Attorney Bernau says “Because that matter remains open, no facts surrounding that charge will be discussed.” Deputy Menard is a 25-year veteran of law enforcement, including the past 14-years with the Delaware County Sheriff’s Office.