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Driver shot by police identified as Cedar Rapids car salesman

No charges as Cedar Rapids shooting still under investigation

DCI Investigator look into a officer involved shooting incident that happened early Sunday, March 29, 2015 in the 800 block between Center Point Road and Daniels Street NE. (Michael Noble Jr./The Gazette)

CEDAR RAPIDS — A car salesman driving a 2015 BMW M4 with dealer license plates was identified Monday as the man officers shot and injured a day earlier following a brief chase.

Kyle Russell Orth, 27, was injured during an encounter early Sunday with Cedar Rapids Officers Jeremy Depies and Brandon Tinta, according to a statement from the Iowa Division of Criminal Investigation, which is reviewing the incident. Orth was treated for non-life-threatening injuries and released, and has not been charged in the incident.

“That's going to be entirely up to the county attorney,” said DCI Special Agent Rick Rahn. “We're going to assemble everything and send it the county attorney.”

Neither of the officers, both employed by the force for about 3 1/2 years, were injured in the shooting. The DCI said in the statement that it has not interviewed the officers in its investigation, but anticipates doing so later this week. Without providing specifics, state investigators said they also would review physical evidence and audio and video recordings.

A website for the Zimmerman Auto Center identifies Orth as a sales and leasing consultant, and he wrote on his Facebook page that he works there. On the company's Facebook page, Orth is pictured holding a trophy and was listed as a salesman of the month.

Orth could not be reached for comment Monday afternoon. A message left for him at Zimmerman was not returned, and a woman who answered the phone there said he was not in the office.

The encounter that led to the shooting began early Sunday. A news release from the city said that about 2 a.m., officers saw an orange BMW driving recklessly and speeding in the 1000 block of A Avenue NE. The car then drove the wrong way down 12th Street NE toward H Avenue.

Police said the officers — who were in uniform and in a marked squad car — caught up to car in an alley between Center Point Road and Daniels Street NE. The driver crashed the BMW into a utility pole, injuring his female passenger.

When the officers got out of their squad car, the driver accelerated toward them, according to a police spokesman. The officers opened fire, police said. Authorities have not disclosed how many shots were fired or how many struck Orth. The passenger, who was also treated for her injuries in the crash and released, has not been identified.

According to records, Orth has been convicted four times on burglary counts, three times on probation violations, and twice on theft counts between 2005 and 2008. He was released from state prison in 2013, records show. He was most recently arrested March 1 in Linn County, records show, on a charge of assault causing bodily injury.

Multiple messages left Monday with Zimmerman General Manager Paul Trovas were not returned.

A car that appears to be the one involved in Sunday's crash was still being advertised Monday on Zimmerman's website, offered at $75.605.