DES MOINES, Iowa — Polk County Attorney Kimberly Graham released her findings of the January 24 deadly shooting saying the officers were justified in their actions.

In a letter to Des Moines Police Chief McTaggart, County Attorney Graham outlines the events of the January 24 fatal shooting that killed Brandon Mitchell.

The letter says in the month leading up to the shooting, Mitchell’s girlfriend was being harassed by Mitchell who stalked, harassed, and threated to kill her. Mitchell had outstanding warrants for his arrest.

Once at the scene Officers Hoopes and Perez, K-9 handler, saw Mitchell exit and re-enter the home through a side door. The K-9 then discovered Mitchell in an upstairs attic-area closet, according to the letter.

“Officer Perez moved a glass-framed picture that was in the closet out of the way to access Mr.
Mitchell. Mitchell can be heard on body cam saying, “Alright, alright, don’t touch me” and then,
“I’ve got a gun,” one part of the letter reads.

The letter says officers ordered Mitchell to show his hands. “Immediately after this there is a very loud pop and crash,” reads the letter. Officers reported in an interview that they believed he had a gun and had fired because he had said “I’ve got a gun” and then they heard the pop and crash.

Officers fired at the closet area where Mitchell was located. They then ordered him to “show his hands” and “crawl outside” but Mitchell was unable to do so after being hit. Officers used a ballistic shield to enter the closet, and then carried him downstairs to medics, the letter reports.

Mitchell was transported to the hospital where he later died from his injuries. The letter says it was discovered later that Mitchell did not have a gun but had said he did.

In the letter, Graham says she reviewed the conduct and body worn camera footage of Officers Hoopes and Perez that day.

“Given all the circumstances, it was reasonable for Officer Hoopes and Officer Perez to conclude
that their lives, and the lives of others in the vicinity, were in imminent danger at the time the
deadly force was used. Officer Hoopes and Officer Perez reasonably believed their actions were
necessary to save their lives and the lives of others in the area, and to prevent grave injury to
themselves or others,” reads part of the letter.

In the letter Graham concludes that the use of deadly force was a legally justified pursuant to Iowa law and that no charges would be filed by her office.

Polk County Attorney Grahams discission comes just after Iowa Attorney General Brenna Bird’s decision, who also found the officers’ actions legally justified.