The City of Cedar Rapids reiterated it legally cannot release dash camera video from an officer-involved shooting, despite a ruling to the contrary from the state board that oversees open records in Iowa. The difference comes down to interpretation of Iowa's Open Record law.

Cedar Rapids police said it intends to release dash camera video of the shooting "when advised and approved by the Linn County Attorney."

The video shows the shooting of Jerime Mitchell by a Cedar Rapids police officer on November first. Police say the incident started as a traffic stop on Coe Road NE around 1:15 am. Police say Mitchell and Officer Lucas Jones got in an altercation and Jones shot and wounded Mitchell.

The city cited advice from Linn County Attorney Jerry VanderSanden saying police investigations fall under an exemption from Iowa's Open Records Law, known as Iowa Code 22.

"The Open Records law provides that certain records “shall be kept confidential.” That is, the records are to be kept confidential and the Chief (as the legal custodian of the police records) has no discretion to do otherwise," Vander Sanden said in a press release.

The full text of Iowa Code 22.7 reads "The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information"

The Iowa Public Information Board advised KCRG that the second part of the law means it is up to the Chief of Police whether or not to release the dash camera video. The exemption only means police are not required to release it.

Vander Sanden clarified for KCRG his reading is that the law directs the "lawful custodian of the records, or by another person duly authorized to release such information" to keep confidential records, including ongoing police investigations, and that only a court can order the release of a confidential record.

Despite the law, Vander Sanden said he would still argue to keep videos confidential. He worries releasing the video early could make it difficult for someone to get a fair trial and says that fairness needs to apply for all cases.

"What if the tables were turned and it was Jerime Mitchell who allegedly shot the officer? Would the people currently clamoring for release of the video be just as vocal?" Vander Sanden questioned in an email. "The law requires us to be consistent in the way it is applied and interpreted without regard to who is involved."

Family members tell KCRG-TV9 that Mitchell was left paralyzed in the shooting and is still recovering in the hospital. Officer Jones has been placed on paid administrative leave while the Iowa Division of Criminal Investigation investigates what happened.

Mitchell's family and protesters have called on police to release the video of the incident before the investigation is concluded in order to reveal more details of what led to the shooting. Protesters plan to renew those calls at Tuesday's city council meeting.

The Iowa DCI tells KCRG-TV9 there is no timetable to complete the investigation.

"It is protocol for the CRPD to request an outside independent investigation be conducted in all Officer involved incidents where deadly force is used. The City of Cedar Rapids and CRPD have the utmost confidence in the ability of the DCI to conduct impartial investigation, and an unbiased decision rendered by the Linn County Attorney. The City and CRPD will cooperate fully with all law enforcement agencies investigating this matter. "

The city and county attorney say releasing video early could compromise its investigation.

Family and friends were at Tuesday’s city council meeting in support of Mitchell. They say they want the footage released.

Friend Jorell Robinson says, "This is a man of great character just like anybody else he's not perfect but our goal is to show the city we are watching, we are paying attention, and we want to see some action.”

Mitchell’s attorney Nick Kilburg was at the meeting to make sure that nobody spoke on behalf of the family. He says that Mitchell is recovering, and they appreciate the community’s support, and their request for privacy.

Kilburg says they will be the only ones giving comments on behalf of Mitchell.