Iowa Attorney General’s Office Concludes Officers Acted with Legal Justification in Polk County Shooting in Johnston

DES MOINES—In a report issued today, the Iowa Attorney General’s Office has concluded that the June 1, 2026, fatal shooting of Austin Mark by Polk County Sheriff’s deputies was legally justified.  

The Attorney General’s conclusion was based on a review and investigation by the Iowa Division of Criminal Investigation. The investigation found that on the afternoon of June 1, 2026, members of the Polk County Sheriff’s Office coordinated with the Johnston Police Department to attempt to take Austin Mark into custody on both a felony warrant and a mental health pick-up order. All officers were informed that Mark had a felony warrant stemming from an April 2026 incident in Waukee. Previous attempts to take him into custody on that warrant had resulted in Mark barricading himself in his home in Johnston and threatening officers. Due to safety concerns those attempts were abandoned and the warrant remained unserved.  Additionally, in late May 2026, Polk City Police had an interaction with Mark, which resulted in him fleeing and eluding, again retreating to his home.  

During the June 1st attempt, Mark barricaded himself inside his garage and refused commands to surrender peacefully. Non-lethal attempts were made to gain his compliance, which failed.  As deputies were able to slightly raise the garage door to deploy pepper balls, the door unexpectedly rose fully. Mark immediately began shooting at officers from the back of the garage, striking two. At that time Deputies Jacob Lovell and Carlos Avila returned fire.  

All members of law enforcement took cover as Mark continued to refuse commands to come out with his hands up, yelling at deputies from inside the garage. He then started items within the garage on fire. Mark began walking out of the garage with his hands still not raised, scanning for officers’ locations.  As Mark emerged, Deputy Jacob Cappelle fired once on Mark, who fell to the ground and died on scene. Mark’s handgun was found where he fell.   

Mark’s gunfire struck Deputy Smith in the hand and in the chest. The wound to his hand required surgery. The bullet to his chest was stopped by his ballistic vest. The two shots Mark fired at Deputy Lovell struck the center of the ballistic shield.   

Polk County sheriff’s deputies Jacob Lovell, Carlos Avila, and Jacob Cappelle were justified in their use of deadly force against Austin Mark. The report is issued under the Attorney General’s independent authority under Iowa Code section 13.12 to investigate or prosecute conduct of law enforcement that results in death. 

A copy of the report is available here. 

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For More Information:

Contact: Jen Green | jen.green@ag.iowa.gov