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Iowa DCI says use of force at Iowa casino thefts was justified

DES MOINES COUNTY, IOWA – A review by Des Moines County Attorney on Special Agent James Thomas Jenkins’ Use of Force on February 12, 2014, outside Catfish Bend Casino found no wrong-doing.

The Division of Criminal Investigation conducted an investigation regarding the shots fired by Agent Jenkins. The information from the investigation was reviewed by the Des Moines County Attorney’s Office. A thorough investigation has determined that Agent Jenkins’ actions were justified and performed within the scope of his employment as a law enforcement officer. Agent Jenkins’ action was intended as a defensive response to protect himself and others from the further actions of the suspect in the incident, David W . Cross.

On February 12, 2014, at approximately 9:10 p.m., the Division of Criminal Investigation’s Special Enforcement Operations Bureau at the Catfish Bend Casino received a report of a subject breaking into vehicles in the casino’s parking garage. The subject, described as a black male, wearing a heavy overcoat and stocking hat had stolen a casino employee’s vehicle.

A DCI Agent responded to the location and attempted to stop the subject in the stolen vehicle, but the subject sped toward the agent’s location. The agent moved out of harm’s way and fired 3 shots with his service weapon at the subject. The subject struck the agent’s patrol car with the stolen vehicle and sped away. The stolen vehicle was found a short time later. No injuries were reported.

On February 13, 2014, at approximately 6:09 a.m., the Burlington Police Department received information from an individual that heard news reports regarding the incident at the casino. The Burlington resident advised police that David W. Cross, age 40, was asleep in the back seat of a vehicle located in the 100 block of Shields Street in Burlington. In addition, the Burlington resident advised that he believed Cross was the subject involved in the incident at the casino the night before. Burlington Police Officers responded and took David Cross into custody.

DAVID WAYNE CROSS SUBJECT IS INNOCENT UNTIL PROVEN GUILTY
DAVID WAYNE CROSS
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY
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