A Des Moines man will not face criminal charges after a fatal incident in which a pedestrian was struck and killed along Interstate 35 in November 2024, according to Clear Lake Police.
The victim, 59-year-old Michelle Schutz of Mason City, was walking in the southbound lane of I-35 near Clear Lake during the early hours of November 2, 2024, when she was struck by a vehicle. The driver was later identified as 60-year-old Henry Moss Jr. of Des Moines.
According to police reports, Moss did not remain at the scene of the crash but was later located by law enforcement. After months of investigation, Clear Lake Police Chief Mike Colby announced on May 28, 2025, that Moss will not be charged in connection with the fatal crash.
Police Findings and Legal Reasoning
Investigators determined that Schutz was walking on the highway, which contributed significantly to the tragic outcome. Evidence showed that Moss was not under the influence of drugs or alcohol, and police concluded that he had little opportunity to avoid the collision under the circumstances.
“The investigation revealed that the pedestrian was in the traveled portion of the roadway and that the driver was not impaired and had limited opportunity to avoid the collision,” Chief Colby stated in an official release.
The legal standard for criminal charges in such incidents often requires proof of reckless or impaired driving, which was not present in this case. In Iowa, criminal charges like vehicular homicide require elements such as intoxication, excessive speeding, or gross negligence.
What Happened That Night?
The incident occurred just south of Clear Lake, a small city in north-central Iowa. The stretch of highway where Schutz was walking is not typically meant for pedestrian traffic. Conditions at the time were reportedly dark, and there’s no indication that Schutz was wearing reflective clothing or using a flashlight.
When first responders arrived at the scene, Schutz had already succumbed to her injuries. The highway was temporarily closed as authorities examined the crash site and began an investigation that would take several months to conclude.
The Driver’s Perspective
While Moss left the scene initially—a point that raised serious concern—investigators later clarified that his eventual cooperation, lack of impairment, and the specifics of the collision factored into the decision not to prosecute.
Though leaving the scene of a fatal crash can be a felony under Iowa law (Iowa Code § 321.261), police did not release information indicating that Moss’s actions met the threshold for those charges. Officials cited the complexity of the case and the role of the pedestrian’s position on the highway as critical factors.
Community Response and Public Safety
The case has sparked debate in the Clear Lake and Mason City communities, with some residents expressing sympathy for the driver while others question the justice system’s handling of pedestrian fatalities.
“This is a heartbreaking situation for everyone involved,” said one Clear Lake resident. “But it’s hard to understand how someone can hit a person, leave the scene, and not face any charges.”
Public safety experts emphasize that walking on highways is extremely dangerous and often leads to fatal outcomes, especially during night hours when visibility is poor. The Federal Highway Administration notes that nearly one in ten pedestrian deaths occurs on interstates or highways (FHWA Pedestrian Safety).
The Bigger Picture
This case serves as a reminder of the legal and safety risks that arise when pedestrians enter high-speed roadways. It also highlights the importance of careful and thorough investigations before assigning legal blame.
Clear Lake Police have not indicated any further actions will be taken, and the case is considered closed. The tragic death of Michelle Schutz stands as a painful reminder of how quickly lives can be lost on the road—and how justice, in some cases, may not result in prosecution.
As for Moss, while he avoids criminal charges, the emotional impact of being involved in a fatal crash is something that doesn’t disappear easily. No statements have been released from him or his legal