Linn County Attorney: August officer-involved shooting in Cedar Rapids was justified

CEDAR RAPIDS — No charges will be filed against four Cedar Rapids police officers in relation to an officer-involved shooting in August, according to a report issued Friday by the Linn County Attorney’s Office, which ruled the shooting justified.

According to the report, officers Nolan Dostal, Paul Cavin, Alexander Rink and Jacob Paulsen all shot at Cedar Rapids resident Aaron Rich on Aug. 5, after he reportedly stole a gun and led police on a high-speed chase that lasted about six and a half minutes.

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Rich, 22, stole a Springfrield Armory Echelon 9 mm handgun from Theisen’s, 3111 16th Ave. SW in Cedar Rapids, at about 5:50 p.m. on Aug. 5, according to the report. He ran from the store on foot before getting in a 2008 GMC Acadia that had two other adults and a 4-year-old child inside, the report states.

Officers Dostal and Cavin were the first to respond to the reported theft and saw Rich get into the Acadia and leave the scene, the report states. They pulled up behind the car and turned on their lights, and the driver pulled into a McDonald’s and Kum & Go parking lot at 2615 Williams Blvd. SW.

The driver — who also is the mother of the 4-year-old child — got out of the vehicle and walked toward police, and Rich moved into the driver’s seat and drove away. Before he left the parking lot, he stopped briefly to let the child out of the car, and she went to her mother, the report states.

Rich then led Dostal and Cavin on a chase through the city, which Rink and Paulsen later joined, along with Cedar Rapids Police Sgt. Aaron Leisinger. The report states that Rich drove dangerously — speeding, running red lights and stop signs, driving on the wrong side of the road and nearly causing a collision with oncoming traffic at one point in the chase. Eventually, he drove through a park toward Oak Hill Manor Apartments, 1311 16th St. SE and hit a tree outside the apartment complex.

When the car stopped, the other adult who had been in the vehicle got out, and Rich then reversed, striking the other adult and a police car. He continued to attempt to drive away on the grass outside the apartments, the report states, and the officers tried to stop him with their cars. He was eventually stopped when Leisinger hit the Acadia head on.

The other officers moved in to block Rich in with their vehicles, and he pulled out the stolen handgun and pointed it at them. The officers — not knowing that the stolen gun had a trigger lock and was unable to be fired — shot a total of 31 rounds at Rich in response to him pointing his weapon at them. All the shots were fired within about 5 seconds of each other, according to the report.

Rich surrendered from inside the vehicle after the shots were fired. He sustained several non-fatal gunshot wounds, including facial fractures and an injury to his right femur, which were both considered serious bodily injuries, according to the report.

He was taken to a hospital and later charged with two counts of assault on a peace officer while displaying a dangerous weapon, trafficking stolen weapons, two counts of Intimidation with a dangerous weapon, two counts of assault while participating in a felony, interference with official acts while armed with a firearm, eluding, possession of a firearm as a felon, child endangerment, driving while barred, and theft in the 4th Degree.

The Iowa Division of Criminal Investigation investigated the shooting, and the Linn County Attorney’s ruling is based on investigative materials provided to the office by DCI, including investigative reports, body and squad car videos, photographs and videos of interviews with the officers who were involved.

“The officers all reported a reasonable fear for their own safety, the safety of each other and/or the community at large. This reasonable fear was justified due to Rich’s actions,” the report reads. “The actions of the officers were not taken recklessly, or in willful disregard for the safety of others; they were done to protect the safety of others.”

Rich’s criminal charges still are in the process of being adjudicated. He has a jury trial scheduled for November.

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