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Man Shot By Lee County Deputy Pleads Not Guilty

Jul 13, 2017

The man who was shot by a Lee County Sheriff's Deputy last month pleaded not guilty to the three criminal charges against him. Joshua Welborn of Fort Madison is accused of burglary, criminal mischief, and assault on a peace officer.

The Lee County Sheriff’s Office said two deputies responded to a call of a man breaking into a home near Montrose just after midnight on June 12, 2017. The man was later identified as Welborn.

Court records show the caller told emergency dispatchers that the intruder “had assaulted him and broke all the windows in his residence.”

When the deputies arrived, they saw Welborn walking out of the residence. He had blood on his hands and was carrying what was described in the report as a “large metal meat tenderizer.”

Body camera footage released by the sheriff’s office shows Welborn rapidly walking toward the deputies with the weapon in hand. Deputies can be heard telling him to stop.

Deputy Dakota Foley eventually shot Welborn once in the abdomen. That was not included in the footage released to the public.

The victim of the break-in told the deputies that Welborn said “that he was going to kill him.” While in the home, Welborn allegedly damaged multiple antique clocks, broke windows, and broke a television. Court records put the amount of damage at $1,000 - $10,000.

Welborn's public defender filed paperwork this month stating the possible defenses for Welborn's actions include Insanity, Diminished Responsibility, and Intoxication.

Welborn maintained his right for a speedy trial, which has been scheduled for August 29. He is currently housed in the Lee County Jail.

The Iowa Attorney General’s Office reviewed the incident. It cleared the two Lee County deputies involved in the shooting of any wrongdoing.