A conflict of interest involving the Linn County Attorney’s Office has prompted the Iowa Attorney General’s Office to review the shooting death of , 2026, of Saber Bernard, an 18-year-old man in Marion, Iowa. The transfer of the investigation, initially announced on , underscores the complexities of maintaining impartiality in cases involving law enforcement and highlights the legal framework governing officer-involved shootings (OIS) in Iowa.
Linn County Attorney Nick Maybanks disclosed that an employee within his office is related to a member of the Marion Police Department, triggering the need for an independent review. Iowa law mandates that such cases be referred to either an independent county attorney, a special prosecutor, or the Attorney General’s Office when a conflict of interest exists. Maybanks expressed confidence in the Attorney General’s Office’s ability to conduct a “careful, prudent, and expeditious” review of the incident.
The incident unfolded on , in the 4100 block of Deer Valley Drive. According to police reports, Bernard had requested officers to respond to a call so he could speak with them. Upon arrival, officers engaged in a three-minute conversation with Bernard and a neighbor before the situation escalated. Police allege that Bernard then produced a machete and advanced towards the officers. Attempts to subdue him with a taser were unsuccessful, leading one officer to discharge a single shot.
Bernard was transported to a hospital where he later died. Officers initiated CPR at the scene and paramedics were called. The Iowa Division of Criminal Investigation (DCI) is currently investigating the shooting and will provide its findings to the Attorney General’s Office.
Maybanks emphasized that the legal standards applied to evaluating the use of force by law enforcement officers are consistent with those used in self-defense cases involving private citizens. Prosecutors assess whether the force employed was reasonable under the circumstances, and in cases involving deadly force, whether its use was legally justified to prevent injury or loss of life – either to the officer or to others.
“The same legal standards that would apply to evaluating if the use of reasonable force was justified by a citizen, also apply to an officer,” Maybanks said. “And that reasonable force under law can include deadly force if the deadly force is also justified under the circumstances to either prevent injury or loss of life to the person using the force or injury or loss of life to another person.”
Body camera footage is expected to play a crucial role in the Attorney General’s review. Maybanks noted that body cameras frequently capture key events, including the moments leading up to and following the use of force. However, he cautioned that video evidence alone is insufficient to determine the outcome of an investigation. Prosecutors also rely on witness interviews and statements from all officers involved.
This is the first instance during Maybanks’ tenure as Linn County Attorney where a conflict of interest has necessitated the involvement of the state in an officer-involved shooting investigation. His office has previously prosecuted five such cases. The Attorney General’s Office has significant experience in reviewing OIS cases, which Maybanks cited as a reason for his confidence in their handling of the matter.
Iowa law stipulates that a written report on the shooting, including any charging decisions, must be completed within 180 days of receiving the evidence. This report will be made public upon completion, providing transparency into the findings of the investigation. Maybanks acknowledged that these investigations can be lengthy, potentially taking weeks or even months to finalize.
The case raises broader questions about the scrutiny of law enforcement actions and the importance of maintaining public trust in the justice system. The involvement of the Attorney General’s Office aims to ensure an impartial and thorough investigation, particularly given the familial connection between personnel in the Linn County Attorney’s Office and the Marion Police Department. The outcome of this review will likely set a precedent for handling similar conflicts of interest in future officer-involved shooting investigations within the state.
