Police: Dubuque man arrested after holding woman at gunpoint - KWWL - Eastern Iowa Breaking News, Weather, Closings

Police: Dubuque man arrested after holding woman at gunpoint

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DUBUQUE (KWWL) -

Dubuque Police have arrested a man after he held a woman at gunpoint in an effort to make a "citizen's arrest".

According to court documents, 40-year-old Matthew Drake faces assault while displaying a dangerous weapon charges, after holding 31-year-old Carissa Daniel at gunpoint in the alley behind his house.

Police were called at 12:45 p.m. on Aug. 10 to the alley behind the 1500 block of Elm St. where Drake was directing his loaded pistol at Daniel.

Drake told police that Daniel had been sitting in the alley behind his house for a while, and had even taken a bottle of water out to her and had a conversation with her, police said.

According to court documents, when Drake left his house he "felt uncomfortable with Daniel still in the gangway", so he drove north past his house, and that's when he says he saw Daniel peering into the windows of his house.

He told police he believed she was going to burglarize his house, court documents show, so he drove back around to the alley and drew his gun.

Court documents say he told Daniel he was making a "citizen's arrest" and instructed her to get on the ground.  That's when, police say, he called 911 and told the dispatcher he was not in fear of being assaulted by Daniel.

Lt. Scott Baxter with the Dubuque Police says Drake did have a permit for the weapon, or he would've been arrested on the spot.  He said they started working with the Dubuque County Attorney right away to see if charges were warranted.

Baxter added that according to Iowa Code, "If a reasonable person is in legal possession of a weapon and feels s/he is in imminent danger of serious injury or death, deadly force is typically justified (or the threat of same)."

According to court documents, Daniel says she was walking to a friend's house in the neighborhood and sat down in the alley to get out of the sun.

Daniel denied any criminal activity or future intent, according to court documents.

She was arrested that day for possession of drug paraphernalia.

Drake turned himself in Monday and his bond was set at $5,000.  He's scheduled to appear in court again on Sept. 6.

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