Polk County attorney's investigation into deadly shooting clears Des Moines officers
Three Des Moines police officers were cleared of any wrongdoing in a fatal shooting where two other officers were also injured by gunfire.
On Monday, Polk County Attorney Kimberly Graham released a letter to Des Moines Police Chief Dana Wingert, stating that the officers' use of deadly force was justified under Iowa law and no charges will be filed against them.
In the early morning of Sept. 16, DMPD officers Cade Moritz and Frankie Contreras were on patrol and attempted a traffic stop on a blue Ford Focus at the Kwik Trip at 2428 Hubbell Ave. When officers exited their vehicle to approach the Focus, the driver — later identified as 37-year-old Joshua Green — drove off. The investigation found that the passenger in the vehicle, Shawnna Cunningham, told Green to "run," so he drove away from the officers.
The short chase ended at East 24th Street and Easton Boulevard, when the Ford Focus became disabled.
Graham wrote that the officers ordered Green out of the vehicle and ordered both Green and Cunningham to keep their hands up. She said the two initially obeyed orders, but then put their hands down and Green "appeared to be either attempting to get the car to stop moving or to get out of the car to drive."
Mortiz told Green if he did not get out of the vehicle, he would be tased. When Green remained in the vehicle, Moritz yelled "taser, taser, taser," according to department policy, before firing his taser at Green. Green still remained in the car, and Moritz fired the taser at him a second time.
Moritz, Contreras and Officer Jacob Boekhoff pulled Green from the vehicle by his feet. When Green landed on the ground, he pulled out a handgun and began firing upward toward the officers, striking Moritz in the head and Boekhoff in the arm.
Captain Chad Steffan, Contreras and Boekhoff fired at Green to prevent him from continuing to shoot.
Graham wrote that Officer Matthew Sander provided medical attention to Green until paramedics arrived. Green ultimately died of his injuries.
After reviewing dash cam footage, body-worn camera footage and evidence produced by the Iowa Division of Criminal Investigation, Graham concluded that it was reasonable that Boekhoff, Contreras and Steffen believed their lives, along with Moritz and others in the vicinity, were in imminent danger, and were justified in using deadly force. No charges will be filed against the officers.
Both injured officers have since been released from the hospital and are recovering.
Last week, Cunningham, the passenger in Green's vehicle, was charged in federal court for allegedly providing access to the gun Green used in the shooting.