Iowa attorney general says no wrongdoing in Des Moines police killing of boy, 16

The Iowa Attorney General's office ruled Wednesday that the Des Moines police officers who shot and killed a 16-year-old boy at a southside apartment complex Dec. 26 "acted with legal justification."

The office, led by newly elected Attorney General Brenna Bird, based its ruling on interviews with the three officers who fired at the boy and another officer, as well as other witnesses, and a review of the officers' body cam video.

Officers Noah Bollinger, Zachary Duitscher and Thomas Garcia have been on leave since the shooting.

What happened during the confrontation with DMPD?

The report said Bollinger and Garcia were dispatched to the complex after 911 operators received a call from the boy's stepfather saying that the teen, identified in the report by his initials, T.J., had pulled a handgun on him. It said the officers arrived at the apartment complex at 400 E. McKinley Ave at 12:30 a.m., found that the boy was in his grandmother's apartment, near his parents' apartment, and went inside.

It said they were joined by Duitscher and a fourth officer, Nicholas Howard, who entered by breaking through a rear glass door, and negotiated with the boy for a total of 4 minutes, 20 seconds. They pleaded along with family members more than 70 times for him to put down the gun and end the situation peacefully, but he did not comply, it said.

The boy, the report said, told the officers that his brother had just died and that "I want to be with my brother" and "I am going to die." His brother, Brandon Michael Tukes, 23, had been fatally shot Nov. 5 in the Phoenix suburb of Glendale, Arizona, according to police there.

The report said the boy told the officers he would keep the gun, and raised it above his waist three times during the confrontation. It said the officers would have been justified in opening fire during any of those movements.

The boy's grandmother and a friend of T.J. were in the room when the boy started raising his gun again toward Duitscher and Howard, the report said. At that point, Duitscher, Bollinger and Garcia, who were as close as 3 feet from the boy, shot him 14 times, wounding him in the chest, abdomen and head. The report said the head wounds apparently occurred as the boy fell, and that he did not fire his gun, nor did the fourth officer, Howard.

The officers attempted life-saving measures and took the boy to a hospital, where he died.

Attorney general: 'They were forced to act'

The report, which relied on an investigation by the Iowa Division of Criminal Investigation, said the grandmother was "understandably shocked and upset since she observed her grandson get shot and killed." But in an interview with investigators, it said, she said nothing "that contradicts the officers or is inconsistent with any evidence of other statements taken during the investigation."

The friend of T.J., when interviewed, claimed to have no memory of the events and gave a false name, the report said.

It concluded that the officers had acted legally and are not liable for any criminal charges in relation to the shooting. It said that all four officers had their body cameras switched on and that there appeared to be no missing video.

"T.J. put in motion the circumstances that brought about his death. Despite the intense efforts of the (officers) involved T.J provided them no choice but to shoot in order to defend themselves and others," the report said.

It said Bollinger knew T.J. from a previous personal contact, and at one point asked him to put down the gun so they could talk, but that "all efforts by law enforcement had no apparent effect on T.J.," who "never provided any indication that he would disarm himself."

It added that the officers "showed great restraint" in not firing sooner.

“Every day, Iowa law enforcement officers put themselves in harm's way to keep us safe, not always knowing what will happen next,” Bird said in a news release. “In this particular case, four Des Moines police officers entered the scene knowing a perpetrator was armed. After refusing to comply with the officers’ requests to put the weapon down, they were forced to act, protecting themselves and those around them.”

A member of T.J.'s family said they will issue a statement in the coming days "and we believe he deserves justice as some info released is not true and some has been left out."

Officers remain on leave during internal investigation

Des Moines police spokesperson Sgt. Paul Parizek said the department is conducting an "internal policy review" of the shooting. He said the officers will remain on leave until the review is complete. Parizek said he expects the review to be completed soon, as the department needs only to review the same evidence as the Attorney General's Office to ensure the officers did not violate any policies.

"Tragic event for all involved, and the AGs ruling is certainly no cause to celebrate. However, those officers should be commended for their courage and restraint," Parizek wrote in a message to the Des Moines Register.

In response to a Register request for the body camera video, he said the department will soon release a "transparency video," which includes some of the footage. The Register is requesting the complete video from all four officers' cameras.

Parizek said all three of the officers who fired at T.J., who are each five-year veterans of the force, had completed city-mandated de-escalation training.

The report said that in the initial call, T.J's stepfather said the boy was "on the run" after being sent to Woodward Academy by a Polk County judge for a reason it didn't specify. It said he had left the state residential treatment facility for troubled boys ages 12 to 18 without authorization and made his way home.

Woodward Executive Director Shawn Hollenkamp, reached Wednesday night, declined to comment, citing patient privacy laws.

T.J.'s funeral was held Saturday.

Francesca Block is a breaking news reporter at the Des Moines Register. Reach her at FBlock@registermedia.com or on Twitter at @francescablock3.

This article originally appeared on Des Moines Register: Des Moines officers justified in killing armed teen, Iowa AG says