DES MOINES, Iowa — The Polk County Attorney's Office will not file charges after finding three Des Moines police officers were "legally justified" in the use of deadly force following a September shooting.
Polk County Attorney Kimberly Graham's review comes a little more than a month after officers returned fire at 37-year-old Joshua Green, killing him.
Police had attempted to stop Green's car for an equipment violation on Easton Boulevard. Green sped away, leading to a pursuit, police said.
Green crashed the car shortly after and officers ordered him out of the car, Graham summarized in her report. When Green did not exit the car, Ofc. Cade Moritz told him he would tased.
Moritz allegedly fired the taser at Green twice before he and two other officers pulled him out of the car. Green landed on the ground, produced a handgun and began shooting at officers, police said. Moritz was struck in the head, while Officer Jacob Boekhoff was struck in the arm.
Boekhoff, along with Capt. Chad Steffan and Ofc. Frankie Contreras, began shooting at Green in response. Officers provided first aid to Green, who later died at a hospital.
Graham said her conclusion is based on all available evidence, including dash cam and body cam footage.
"Given all the circumstances, it was reasonable for Officer Boekhoff, Officer Contreras, and Captain Steffen to conclude that their lives, the life of Officer Moritz, and the lives of anyone in the area were in imminent danger at the time the deadly force was used," Graham said. "The actions of Officer Boekhoff, Officer Contreras, and Captain Steffen were necessary to save their own lives and that of Officer Moritz."
Moritz was hospitalized for his injury for about a week before he was released and moved on to a rehabilitation program, according to Des Moines police.
Last week, 47-year-old Shawnna Marie Cunningham was indicted by a federal grand jury for her connection to the shooting.
Cunningham was in the car with Green at the time of the incident. She is charged with possession of a firearm after admitting to methamphetamine use, along with aiding and abetting the possession and disposal of a firearm to Green, who was a convicted felon.
