CEDAR RAPIDS — A judge revoked probation Friday for a man who drove his car at two police officers and then was shot by officers following a short chase in 2015, His probation was revoked after he racked up violations and charges in Polk County.
6th Judicial Chief Judge Patrick Grady sentenced Kyle R. Orth, now known as Kyle Hunter, 31, of Des Moines and formerly of Cedar Rapids, to five years in prison. He received a suspended five year sentence and sentenced to three years probation and six months in jail in 2015.
Hunter, who legally changed his name sometime before September 2017, pleaded guilty in December 2015 to interference with officials acts while attempting to inflict serious injury, a felony, and two counts of attempt to elude and one count of OWI, all misdemeanors.
Assistant Linn County Attorney Jordan Schier asked for the revocation and prison term because since 2017 Hunter has been charged with a "crimes of violence" and drugs in Polk County, where he now lives. “He can’t seem to obey the law,” Schier added.
According to a probation report, Hunter was charged in 2017 with domestic abuse and had some other violations in Polk County. Earlier this year, he was convicted of the domestic abuse causing bodily injury, along with possession of a controlled substance — methamphetamine, drug paraphernalia and he violated a no contact order with the domestic abuse victim.
Hunter was sentenced in Polk County District Court in February to two years in prison and is serving that time at the Fort Dodge Correctional Center, according to court records. That sentence ran concurrently with the Linn County case from 2015.
Tyler Johnston, Hunter’s lawyer, asked the judge to consider giving Hunter another six months probation.
Hunter declined to speak when Grady asked if he wanted to say anything.
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Grady said he was revoking Hunter’s probation because he continued to have violations and then picked up the new charges in Polk County. The judge ran the five year sentence concurrently with the Polk County sentences for a total of five years.
During the 2015 sentencing, Orth admitted that he was intoxicated on March 29, and that he wouldn’t pull over when police pursued him.
Orth, a former Zimmerman Auto 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 blood alcohol level was .113, which was taken over two hours after he was shot and taken to the hospital. The legal Iowa driving limit is .08. He admitted to drinking five to seven beers before the encounter with police.
Orth also had a female passenger with him at the time but she wasn’t injured,
Vander Sanden reviewed the case after it was investigated by the Iowa Division of Criminal Investigation and found Cedar Rapids police officers Jeremy Depies and Brando 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, 2015.
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