WATERLOO – Attorneys for a man shot by Waterloo police in 2015 said officers overreached when they attempted to stop his car.
Jovan Webb is charged in Black Hawk County District Court with assault on an officer, interference and carrying weapons for allegedly driving at Sgt. Steve Bose while leaving the New World bar parking lot at closing time. Officers Mark Nissen and Thomas Frein fired at Webb’s Chevrolet Impala, injuring him, and Webb drove himself to the hospital. Police found a handgun in his vehicle in the hospital parking lot.
On Wednesday, attorney Robert Montgomery, who is representing Webb, said officers had no reason to stop Webb’s vehicle. He said police first claimed Webb had an open alcohol container in his vehicle, but later backed off from that allegation to claim they suspected he was driving drunk.
He said police had no indication of intoxication like weaving or erratic driving.
“It’s just a mere hunch,” he said.
Montgomery said the attempted stop violated Webb’s Fourth Amendment rights against unreasonable search and seizure. He is asking the court to throw out any evidence obtained from the search.
Assistant County Attorney Brad Walz said police had legitimate reasons to stop Webb’s Impala. He said officers found a bottle of alcohol in the car, and a video before the shooting shows Webb carrying what appears to be a bottle as he walked to his vehicle.
He said Webb was shot because he attempted to run over a police officer.
Patrol officers had been called to the nightclub at closing time, and Nissen, who was on foot and in plain clothes, followed Webb’s vehicle as it drove through the parking lot and told uniformed officers to stop it. Bose, positioned by the driveway, stepped in front of the Impala and held his hand out.
He said the Impala stopped but then began to accelerate and brake, bumping his legs.
“I was bumped three or four times before I dived out of the way,” Bose said during Wednesday’s hearing.
Walz asked why he dived, to which Bose responded, “So I wouldn’t get run over.”
Police said officers Nissen and Frein shot at Webb’s vehicle because they thought Bose had been knocked over and was being dragged.
Judge James Bauch will rule on the suppression request at a later date.