Trial set for Cedar Rapids man shot by police after brief car chase

CEDAR RAPIDS - The Cedar Rapids man who is accused of accelerating his car toward police following a short chase, and then was shot by the officers, will stand trial for drunken driving, assault and other charges Oct. 5 in Linn County District Court.

Kyle Orth, 27, is charged with assault on a peace officer with a dangerous weapon, interference with official acts while attempting to inflict serious injury, drunken driving and two counts of eluding.

Orth, a former Zimmerman Auto Center salesman, was driving a borrowed orange BMW with permission from the center on March 29. He went up to 30 mph in reverse and then 'rapidly accelerated” forward at two police officers who fired at him when he ignored their orders to surrender, according to an investigation released last month.

Linn County Attorney Jerry Vander Sanden, who reviewed the case after it was investigated by the Iowa Division of Criminal Investigation, found officers Jeremy Depies and Brandon Tinta were 'justified in using deadly force.” Vander Sanden stated in the report that it was reasonable for the officers to believe 'such force was necessary.”

According to a criminal complaint, Orth was spotted speeding and running a red light at First Avenue and College Drive earlier on March 29. A short time later, Tinta and Depies then saw the BMW run a red light at 10th Street and A Avenue NE.

At that point, according to Vander Sanden's report, the officers activated their lights and sirens and began pursuing Orth but they broke off the chase when Orth drove northbound into southbound traffic on Coe Road, a one-way street. He was then found a short time later sitting in the 800 block alley between Center Point Road and Daniels Street.

The report states that when police lights and sirens were activated again, Orth backed down the alley before hitting a utility pole. The officers then got out of their vehicle, drew their guns and ordered him to put his hands up.

But Orth accelerated directly at Tinta, who was about 15 feet away, and both officers opened fire, Vander Sanden stated. Orth was shot in the knee, biceps and shoulder. According to the report, Orth admitted to drinking "five to seven beers" before the incident with police. 

In an earlier interview with The Gazette, Orth denied he was driving toward the officers.

Vander Sanden didn't charge Orth for nearly 10 weeks after the incident on June 5.