Trooper under scrutiny for alcohol levels during shooting
CHARLES CITY (AP) — The state trooper who shot a man for allegedly trying to run him over is being investigated after tests showed he had alcohol in his system during the incident last winter.
Trooper Mark Domino was the key witness in the trial Tuesday against William Filippo Jr. of Cedar Falls, who is accused of driving his vehicle at Domino during a chase Feb. 16 south of Charles City.
Defense attorneys questioned Domino’s trustworthiness Tuesday, noting that Domino’s blood-alcohol level was .03 percent when he shot four times at Filippo, one bullet hitting him in the head.
“So his judgment ... and what he would have done are certainly subject to credibility issues,” said Susan Flander, Filippo’s attorney.
Domino’s blood-alcohol level was less than half the legal limit. However, the Iowa Department of Public Safety announced Tuesday it will investigate whether Domino violated department policy. That policy includes not reporting for duty while under the influence of alcohol, doing state business within eight hours of drinking alcohol, or smelling like alcohol when reporting for duty.
Floyd County Attorney Jesse Marzen said the investigation shouldn’t change the status of the case against Filippo, 29.
Both sides rested their case Tuesday in Floyd County District Court, and Judge John Mackey will make his ruling within 60 days.
Filippo was initially charged with attempted murder after his arrest. Prosecutors changed the charge to assault with a dangerous weapon, eluding and drunk driving, in exchange for Filippo dropping the request for a jury trial. His blood-alcohol level was 0.2 percent, more than double the legal limit.
Officials said the chase began when Domino tried to stop Filippo and question him about a hit-and-run earlier in the day.
During the chase, both vehicles ended up in a snow-filled median along U.S. Highway 218. That’s when Domino got out of his squad car and Filippo drove at him, officials said.
Domino fired his gun, one bullet hitting Filippo behind his left ear, and exiting near his right eye. He was hospitalized for about a week.
