DMPD officers legally justified in Jan. 24 fatal shooting, Iowa AG’s office concludes

DES MOINES, Iowa — The Attorney General’s office has found the Des Moines police officers involved in the January 24 officer involved shooting legally justified.

The Iowa Attorney General’s office released their findings in the January 24 officer involved shooting that killed Brandon Mitchell on Thursday. The conclusion comes after a review and investigation by the Iowa Division of Criminal Investigation.

On January 24th, officers with the Des Moines Police Department responded to a residence in the 1300 block of East Tiffin Avenue to investigate a report of a wanted person at the home.

The report indicates that a women called the DMPD around 2:40 p.m. to report wanted person, Brandon Mitchell, had cut off his ankle monitor and was at her neighbor’s house. The caller reported that she feared for her neighbor’s safety after Mitchell had broken into the home earlier in the month and threatened to kill her.

DMPD officers responded to the home, learning that Mitchell had numerous prior felonies, multiple domestic violence arrests, violent tendencies, and was known to be armed. The caller told officers that Mitchell was leaving the house. According to the report, officers saw Mitchell exit through a side door and called for him to show his hands, Mitchell refused and reentered the home.

The report says Mitchell’s girlfriend, the homeowner, then exited the home through the front door while officers waited for backup. She then reentered the home to secure her pets and after returning, gave officers permission to enter the home and arrest Mitchell because he was unwilling to come out.

Officers and a K-9 united entered the home, commanding Mitchell to come out with his hands up, there was no response. After clearing the first floor, officers moved upstairs where the K-9 unit located Mitchell hiding in the crawl space The report says an officer sent his K-9 to get the suspect and backed out of the closet, when the officer returned Mitchell announced that he had a gun and motioned to his waistband three times.

The officer retreated from the crawl space, the two officers in the room took over. Mitchell then approached the closet door and rose one arm at an officer in an aiming motion. The report says the officers heard a loud “boom” that sounded like a gunshot, and they opened fire into the closet.

After changing positions, one officer saw Mitchell crouching down in the closet with one arm pointed at officers in an aiming motion. The officers fired again. The report says officers then directed Mitchell to come out, he repeatedly cursed them and said, “kill me.” Officers entered the closet with a shield, determined there was nothings in Mitchells hands, and brought in medical attention.

Mitchell died from his injuries at a local hospital. No gun was found despite Mitchell’s repeated claims to a have a gun. During the investigation, the booming noise that officers has identified as a gunshot was determined to have been glass in the closet shattering.

The report says earlier that day Mitchell made statements indicating he planned for officers to believe he was armed and that they were in immediate danger. While inside securing her pets, Mitchell’s girlfriend has told Mitchell to turn himself in, but he refused saying “They’re going to have to shoot me. I’m not going back to prison.”

The Attorney General’s office concluded that “the officers took the action they believed necessary in the moment to protect themselves and the surrounding community.”

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