Judge gives Kyle Orth probation, jail time for driving his car at two officers

CEDAR RAPIDS - The man charged with 'rapidly” accelerating his car at two police officers, who then shot him following a short chase, pleaded guilty Monday to drunk driving and eluding and was sentenced to six months in the Linn County Jail.

Kyle Orth, 27, of Cedar Rapids, made an Alford plea last Thursday to interference with official acts while attempting to inflict serious injury, a felony, and then on Monday pleaded guilty to two counts of attempt to elude and one count of OWI, all misdemeanors.

Sixth Judicial District Chief Judge Patrick Grady sentenced Orth to a five-year suspended sentence and three years probation on the felony charge and six months in jail on the three misdemeanor charges, in accordance with the plea agreement.

Tom Viner, Orth's lawyer, said he will be allowed to break up the jail time - serve 90 days, be out 30 days and then serve 90 more days. Orth will also be allowed to be on work release while doing his jail time.

Suring the hearing, Orth admitted that he was intoxicated on March 29, and that he wouldn't pull over when police pursued him. He declined to comment after the hearing.

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

According to Linn County Attorney Jerry Vander Sanden's report, Orth was shot in the knee, biceps, and shoulder. His BAC was .113, which was taken over two hours after he was shot and taken to the hospital. The legal driving limit is .08. He admitted to drinking five to seven beers before the encounter with police.

Viner said Orth regrets not pulling over for police that night, 'especially given that deadly force was used immediately and he could have been killed. He continues to recover from gunshot wounds and the consequences of having been shot three times.”

Vander Sanden conferred with the Cedar Rapids police officers Jeremy Depies and Brandon Tinta, who were involved in the chase and shooting. They agreed to the plea deal.

Vander Sanden said this case is a good reminder to drivers that 'they should pull over as soon as its safe and practical, and put your hands at 10 and 2 when police activate the lights and sirens.” Orth in this situation put his female passenger and the officers in danger.

Vander Sanden reviewed the case after it was investigated by the Iowa Division of Criminal Investigation and found Depies and Tinta were 'justified in using deadly force.” Vander Sanden said he had to wait for their report and then have time to make his review, so it did take about 10 weeks after the incident to charge Orth on June 5.

'I think this was a fair disposition that will hold him accountable by serving the jail time and then serving probation time.

Orth was spotted driving in a reckless manner around town that night by a number of officers on First Avenue in the Coe College area, Vander Sanden said. Tinta and Depies then saw the BMW run a red light at 10th Street and A Avenue NE.

Vander Sanden said the officers activated their lights and sirens and began chasing Orth but they broke off when Orth drove northbound into southbound traffic on a one way street, Coe Road. They then found him sitting in the 800 block alley between Center Point Road and Daniels Street.

'There was no doubt they were trying to stop him,” Vander Sanden said. 'It was a foolhardy move to elude the officers.”

Vander Sanden said this is when Orth backed down the alley, hit the pole, and then when officers got out of their vehicle and drew their guns, ordering him to put up his hands, Orth accelerated directly at Tinta, who was about 15 feet away, and both officers opened fire.

Orth in an interview with The Gazette after the incident, said he denied driving towards the officers.