Iowa AG: January officer-involved shooting in Storm Lake standoff was justified

DES MOINES, Iowa (KCAU) — The Iowa attorney general has determined that an officer-involved shooting in Storm Lake in late January was legally justified.

Iowa Attorney General Brenna Bird released a report Monday about the deadly shooting of Daniel Joseph James Palenik by two Iowa State Patrol troopers.

A deputy of the Buena Vista County Sheriff’s Office attempted to pull over Palenik on Jan. 26 at 7:55 a.m. but Palenik sped off, reaching 115 mph at one point, the report states. Palenik then slammed on the brakes, so the deputy moved out of the way in case Palenik tried to hit his vehicle.

As the deputy approached, Palenik yelled that authorities were out to get him saying “you’re lucky I don’t shoot you,” to the deputy. The deputy called for backup due to Palenik’s hostility. The deputy also found that Palenik had a suspended driver’s license. When the deputy said that he was going to write him a ticket, Palenik said he wasn’t going to “play their game,” cursed the deputy and drove off.

The report said that when Palenik got to his home near 3rd and Oneida Streets, he poured gas around his vehicles and home and built a barricade. A negotiator called Palenik to talk, but Palenik cursed him, told him to leave him alone, and hung up. Authorities tried to call for the next 15 minutes as Palenik would ignore the calls or answer only to “express his Dislike for law enforcement.”

The Iowa State Patrol was called for help, and around 12:30 p.m., they called to Palenik through loudspeaker telling him to surrender. Authorities made multiple announcements throughout the day through the loudspeaker with no response.

After getting a warrant, authorities started to use armored vehicles to break down the barriers to get a better view of Palenik and to communicate but he opened fire on authorities. The authorities tried twice more in the evening to get closer to the home but Palenik opened fire each time.

Around 8 p.m., authorities played messages from Palenik’s family through the loudspeaker but there was no response. They also used a drone, but Palenik shot it down. Authorities were able to determine that Palenik was in the attic. Law enforcement used a robot to deploy an irritant gas into the home.

The report adds that authorities used an armored vehicle to get closer to break into the attic, Palenik fired on the vehicle, causing the windshield to begin to shatter and causing minor injury to the driver.

The standoff continued through the night with Palenik shooting drones, robots, and gas cans. Snipers were given the authority to shoot Palenik if he was seen and refused to surrender. Two troopers saw Palenik as he was crawling through a hole and each fired a single shot that killed Palenik

During the 19-hour standoff, Palenik fired about 120 shots at officers as he was armed with a rifle, pistol, shotgun, and ammunition. Storm Lake residents in the area needed to be evacuated during the standoff as Palenik was found to be a danger to neighbors.

Read a copy of the full report here.

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