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Des Moines police not releasing video of teenager's shooting death

Des Moines police not releasing video of teenager's shooting death
MOBILE APP. NEW A5 POLICE BODY CAMERA VIDEO FROM THE NIGHT A 16 YEAR OLD WAS SHOT AND KILLED BY OFFICERS WILL NOT BE RELEASED PUBLICLY. THE CITY OF DES MOINES SAYS IT’S SUBJECT TO JUVENILE PRIVACY LAWS. THE SHOOTING HAPPENED DECEMBER 26TH OF LAST YEAR. POLICE WERE CALLED FOR A DOMESTIC DISTURBANCE. THE IOWA ATTORNEY GENERAL’S OFFICE SAYS THE VIDEO SHOWS THE TEENAGER POINTING THE GUN AT OFFICERS BEFORE HE WAS SHOT. 14 TIMES. TH
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Des Moines police not releasing video of teenager's shooting death
Des Moines police tell KCCI they are not planning to release any video or audio in connection with a deadly shooting where multiple officers fired their weapons and killed a teenager.Officers shot and killed a 16-year-old boy during a domestic dispute in December.It happened at an apartment at 400 E. McKinley Ave. on the city's Southside. Officers were called there at about 12:30 a.m. on Dec. 26. They found an armed 16-year-old inside the apartment along with other family members. During de-escalation efforts, police say the teen raised the handgun in the direction of officers. Three of the four officers fired their own weapons at the boy.Police say several pleas were made for the teen to put the gun down.Officers at the scene began lifesaving efforts, including CPR, but the boy died later at the hospital.The Iowa Attorney General's Office ruled the officers were justified in shooting the boy, identified as "T.J."The report found that officers responded to a 911 call from T.J.'s stepfather, who said the teen had pulled a gun on him. Four officers responded and found T.J., his grandmother, and a friend inside the apartment of T.J.'s grandmother, two units away from the teen’s stepfather.According to the Attorney General’s Office, T.J. was visibly armed with a handgun and pointing it toward the officers as soon as they entered the apartment.The report said officers negotiated with T.J. for four minutes and 20 seconds. During that interaction, the report said that T.J. told officers his brother had just died and that T.J. can be heard saying, "I want to be with my brother" and "I am going to die."The officers, the grandmother, and the friend collectively issued more than 70 pleas for T.J. to put the gun down, but he did not comply.The report said that eventually, T.J. "abruptly raised the gun toward both Duitscher and Howard" and that Officer Zachary Duitscher fired the first shot. T.J. was shot a total of 14 times. Officers Noah Bollinger, Duitscher and Thomas Garcia fired their weapons. Nicholas Howard did not fire his weapon.According to the report, bullets hit T.J. in his chest, abdomen and head, and that "it is reasonable to believe the shots to the head occurred as T.J. was falling to the ground."T.J. did not fire his gun, according to the report.The report also revealed that T.J. had been ordered by a judge to reside at the Woodward Academy, left the facility without permission, and went to the apartment on East McKinley.Initially, police said they would release body camera video in connection with the shooting. On Monday, police said they do not plan to release that video.Des Moines police's public information office sent KCCI the following statement:"In conformity with the following guidance from the City of Des Moines Legal Department, the Des Moines Police Department will be unable to share the transparency video produced by the department, any and all video and/or audio recordings (including the 911 call) generated in connection to this investigation.These records are confidential pursuant to Iowa Code 232.149. The video contains images of a minor committing a delinquent act. “Records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confidential.” Even though this juvenile will not be prosecuted, 232.149 still applies. The provisions of § 232.149 are not rendered inapplicable by virtue of a law enforcement officer's decision not to issue a citation. Further, the Iowa code “prohibits release of law enforcement information concerning juveniles prior to the filing of a complaint or petition regardless of whether a taking into custody takes place, or a citation is issued.” The City Legal Department finds this opinion sound based on the statute.Please direct any further questions regarding this guidance to the City of Des Moines Legal Department."

Des Moines police tell KCCI they are not planning to release any video or audio in connection with a deadly shooting where multiple officers fired their weapons and killed a teenager.

Officers shot and killed a 16-year-old boy during a domestic dispute in December.

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It happened at an apartment at 400 E. McKinley Ave. on the city's Southside.

Officers were called there at about 12:30 a.m. on Dec. 26. They found an armed 16-year-old inside the apartment along with other family members. During de-escalation efforts, police say the teen raised the handgun in the direction of officers. Three of the four officers fired their own weapons at the boy.

Police say several pleas were made for the teen to put the gun down.

Officers at the scene began lifesaving efforts, including CPR, but the boy died later at the hospital.

The Iowa Attorney General's Office ruled the officers were justified in shooting the boy, identified as "T.J."

The report found that officers responded to a 911 call from T.J.'s stepfather, who said the teen had pulled a gun on him. Four officers responded and found T.J., his grandmother, and a friend inside the apartment of T.J.'s grandmother, two units away from the teen’s stepfather.

According to the Attorney General’s Office, T.J. was visibly armed with a handgun and pointing it toward the officers as soon as they entered the apartment.

The report said officers negotiated with T.J. for four minutes and 20 seconds. During that interaction, the report said that T.J. told officers his brother had just died and that T.J. can be heard saying, "I want to be with my brother" and "I am going to die."

The officers, the grandmother, and the friend collectively issued more than 70 pleas for T.J. to put the gun down, but he did not comply.

The report said that eventually, T.J. "abruptly raised the gun toward both Duitscher and Howard" and that Officer Zachary Duitscher fired the first shot. T.J. was shot a total of 14 times. Officers Noah Bollinger, Duitscher and Thomas Garcia fired their weapons. Nicholas Howard did not fire his weapon.

According to the report, bullets hit T.J. in his chest, abdomen and head, and that "it is reasonable to believe the shots to the head occurred as T.J. was falling to the ground."

T.J. did not fire his gun, according to the report.

The report also revealed that T.J. had been ordered by a judge to reside at the Woodward Academy, left the facility without permission, and went to the apartment on East McKinley.

Initially, police said they would release body camera video in connection with the shooting. On Monday, police said they do not plan to release that video.

Des Moines police's public information office sent KCCI the following statement:

"In conformity with the following guidance from the City of Des Moines Legal Department, the Des Moines Police Department will be unable to share the transparency video produced by the department, any and all video and/or audio recordings (including the 911 call) generated in connection to this investigation.

These records are confidential pursuant to Iowa Code 232.149. The video contains images of a minor committing a delinquent act. “Records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confidential.” Even though this juvenile will not be prosecuted, 232.149 still applies. The provisions of § 232.149 are not rendered inapplicable by virtue of a law enforcement officer's decision not to issue a citation. Further, the Iowa code “prohibits release of law enforcement information concerning juveniles prior to the filing of a complaint or petition regardless of whether a taking into custody takes place, or a citation is issued.” The City Legal Department finds this opinion sound based on the statute.

Please direct any further questions regarding this guidance to the City of Des Moines Legal Department."