WATERLOO - The family of a Waterloo man who was killed by police early Saturday said he was unarmed and had just been shocked by a Taser when he was fatally shot.
"The cops pulled up and 30 seconds later he was dead," said Keith Shimp, father-in-law of Eric Timothy Rule, 31.
"He was stolen from us. This is a huge loss," said Rule's wife, Bethany.
Rule, the father of two who worked as a supervisor for Martinson Construction, died in the dirveway of his home at 611 Keystone St.
Rule died shortly after two officers were called to what authorities said was a domestic dispute at 2:18 a.m.
According to the police account, a struggle ensued.
"During the struggle, the officers used a number of control techniques that were ineffective," acording to a statement relased by the Waterloo Police Department.
When Eric Rule attempted to overpower one of the patrolmen, the officer managed to draw his handgun and shoot him in the chest, according to police.
The names of the officers involved have not been released.
The Iowa Division of Criminal Investigation has been called in to investigate, which is a standard procedure for officer-involved shootings. Jeff Jacobson, DCI special agent in charge, said an autopsy has been scheduled for 9 a.m. today at the medical examiner's office in Ankeny.
Jacobson declined to give details of the incident or to comment on the family's statements that one officer used a Taser on Eric Rule seconds before the other officer shot him.
Shimp, who was at the scene and witnessed the incident, said Rule's wife had called him to come over and phoned officers. She wanted them to get Eric Rule to go to another house for the night or to take him to detox.
"She told him not to come home drunk. He came home drunk," Shimp said. He said there was no physical violence between the couple, and the wife had locked Eric Rule out of the house.
Shimp arrived at the house and was talking with Eric and Bethany Rule outside when police pulled up, according to Shimp's account.
The officers separated the two, and one patrolman began to walk Eric Rule down the driveway. That is when Rule pulled out his cell phone.
The officer reached over to keep him from making the phone call, Shimp said.
"Eric said, 'get the (expletive deleted) off me. This is my driveway,'" Shimp said.
The officer attempted to take Rule to the ground, and they both ended up on the lawn with Rule - more than 6 feet tall and 260 pounds - on top facing down, Shimp said.
The second officer raced over and started hitting Rule in the head, Shimp said.
"They never tried to put handcuffs on him," Shimp said. "I'm trying to drag him out here, away from the officers," Shimp said, motioning back toward the driveway.
While the first officer remained under Rule, the second officer stepped back, and Shimp saw "metal beads" - apparently probes from a Taser - strike Rule.
Rule then tensed up once from the shock of the electrical device, Shimp said.
"He stiffened up and then 'pop, pop'," Shimp said, mimicking the wound of gunshots.
Rule turned to look at Shimp, who saw blood coming from his chest.
Shimp said no warning proceeded the use of the Taser or the handgun.
He said other officers arrived soon afterward, but no one attended to Rule.
Rule died at the scene. The officer was fired the gun was taken to Allen Hospital where he was treated for injuries. The second officer was not hurt.
Shimp questioned why officers had tried to take Rule to the ground and why they shot him.
"The cops murdered him," Shimp said.
Because of the ongoing investigation, Waterloo police and the DCI are not able to comment on Shimp's account.
EARLIER STORY
Neighbors, some who asked not to be identified, said they were surprised to still see Rule's covered body lying in his driveway when they ventured out of their homes Saturday morning. Many said they were not aware of the severity of the incident until seeing the white sheet used to create a makeshift tent over Rule's body.
A four-home stretch of homes adjacent to and across the street from the Rule home were blocked with yellow crime scene tape when Helida Valla left for work about 7 a.m. Valla, of 603 Keystone St., said she didn't even realize there had been a disturbance until her daughter woke her up shortly after 3 a.m.
"I bought this house 15 years ago and things like this just don't happen in this neighborhood," said Valla, who was watching the scene unfold from her car. "And I certainly didn't hear any gunshots last night."
A Martinson Construction truck, two police cars, and another truck were parked on the street in front of the home. Dolan said Rule had worked at Martinson for several years.
Authorities did not remove the body from the scene until shortly after 7 a.m.
The nearby hostas, which lined the driveway, appeared to have been damaged in the struggle.
According to court records available online, Rule had run-ins with police in the past but has not been cited since 2004.
In 1997, Waterloo police charged Rule with assault on a peace officer, interference with official acts and public intoxication. He allegedly refused to get into a squad car and kicked an officer. He was given jail time, but the sentences were suspended and he was placed on probation. In 1999, the court revoked Rule's probation and he served six days in jail.
In 2001, Waterloo police charged Rule with interference with official acts. He pleaded guilty and paid a $250 fine for refusing officers' orders.
Between 2000 and 2004, police in Waterloo and Cedar Falls cited Rule multiple times with public intoxication, loud music, operating a vehicle with a suspended driver's license and failure to have financial liability insurance.
Despite his repeated run-ins with the law, Dolan said his friend, who he had known since second grade, was a good guy. He described his friend's marriage as normal.
"We were just together last night," he said, his eyes brimming with tears. "We'd had a few beers, but he isn't the violent type. He had the softest heart. Everyone got along with Eric. I don't care if he was drunk or not, this went way too far. This never should have happened."
Posted in Local on Sunday, September 13, 2009 12:00 am Updated: 6:39 pm.
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