Officer inside patrol car fatally shoots unarmed man

A Des Moines police officer fired her service weapon through the rolled-up window of her patrol car on Tuesday night, fatally shooting an unarmed man said to be charging at her car, according to police.

Ryan Keith Bolinger, 28, of West Des Moines, died at the scene from a single gunshot to the torso. Police and witnesses said he led two officers on a slow chase through northwestern Des Moines Tuesday evening that ended with Bolinger exiting his vehicle and coming toward the squad car.

"He was walking with a purpose," Sgt. Jason Halifax of Des Moines Police said following a press conference Wednesday on the shooting.

Senior Police Officer Vanessa Miller, a seven-year veteran, fired the round that killed Bolinger. Miller was assisting Senior Police Officer Ian Lawler, also a seven-year veteran, in the pursuit of Bolinger's vehicle after a bizarre confrontation involving an unrelated vehicle stop that Bolinger interrupted.

Both officers are on administrative leave until the investigation, is completed, per the department policy. The Iowa Division of Criminal Investigation will assist in the investigation.

Halifax said he expects a grand jury ultimately will evaluate the case, though the department is also conducting its own internal investigation. Both Miller and Bolinger are white.

Interrupted traffic stop

Lawler's squad car was parked off the southbound lane of Merle Hay Road near Aurora Avenue after he pulled over a different driver at 10:07 p.m., Halifax said.

About 10 minutes later, Bolinger pulled up in a 2000 Lincoln Sedan alongside Lawler in his patrol car — so close that the officer couldn't open his door. Bolinger got out and started acting "erratically," Halifax said.

"It's been described as almost dancing in the street or making unusual movements in the street," Halifax said at the press conference. "I don't want it to be construed that he's doing a waltz in the middle of Merle Hay Road. ... He's outside of his vehicle. He's not making a directed motion.

"... It's odd, erratic behavior which begins by parking very close to the squad car that's already on a traffic stop and getting out of your vehicle to do whatever he was doing in the street."

Bolinger got back in his car and started driving. Lawler started to pursue Bolinger at about 35 miles per hour, traveling south down Merle Hay Road.

At Urbandale Avenue, about a mile south, Bolinger made a U-turn and stopped abruptly, Halifax said. Lawler pulled in front of Bolinger at an angle to stop him from continuing. Miller stopped a short distance behind Bolinger's car.

In a matter of seconds, Bolinger got out of his car and charged or "walked with a purpose" toward Miller's squad car, Halifax said.

After he was a short distance from Miller's driver's side window, she fired one round, shattering the rolled-up window and hitting Bolinger in the torso.

Police found no weapons on Bolinger or at the scene. It's unclear whether Miller thought he was carrying something at the time, Halifax said.

"He made a very quick advance toward her car," Halifax said.

Squad cars don't have bulletproof glass or reinforced side panels, Halifax said.

Officers do receive training at the law enforcement academy on how to fire shots from a seated position, such as a patrol vehicle, he confirmed.

"There's never any guarantee that your window's going to remain intact from any type of outside blow ... whether it's from a baseball bat or a rock," Halifax said.

Cause of attack unknown

Des Moines police had little prior contact with Bolinger.

He apparently filed a report in April against another person who he said had used his vehicle without permission. He has no criminal record, according to Iowa Courts Online.

Police will try to determine what was happening with Bolinger at the time, including whether it could have been a suicide-by-cop attempt, Halifax said. Police are seeking search warrants to look through his vehicle and cellphone for clues.

Toxicology tests and the autopsy, which are pending, should reveal whether Bolinger had drugs or alcohol in his system.

Reporters visited his West Des Moines home Wednesday morning, but nobody answered the door.

Record of events

Police dash-cam video was rolling at the time of the incident, though it didn't capture the shooting, Halifax said.

Microphones worn by officers were also operating, but that audio won't be available until after the grand jury investigation.

Officers were not wearing body cameras, since the department is still in the process of making those purchases.

"This is an instance where having a body camera would definitely have been an advantage. There are times where I've written things out as an officer but you can't convey the whole situation," Halifax said. "Video can capture the whole moment. That's clearly one of the benefits."

Use of force policy

The Des Moines policy governing use of force sets out specific instances when deadly force can and can't be used.

"The use of deadly force can take many forms ... it all has to do in how an officer perceives a situation and how they feel at the time," Sgt. Jason Halifax of Des Moines Police said. "There's not a hard, fast, this is when you shoot and this is when you don't."

Permitted: They're allowed to fire in five situations: At an approved firing range; to destroy injured or dangerous animals; when legally ordered or authorized to do so by a commanding officer; and when they believe such force is necessary to protect himself or another person from the use or threat of deadly force.

Officers also may use their firearms to arrest someone who is known to have committed a dangerous felony, has threatened or use deadly force and the officer has already made a reasonable attempt to make their intent to arrest known. All other methods of apprehending the person must be exhausted first, and the officer must also believe that discharging their firearms can be done without substantial risk of injury to innocent persons.

Not permitted: Officers are not permitted to use their firearm in three scenarios under department policy: for the purpose of a warning; at moving vehicles except in self-defense or in defense of another officer or third party; or in cases where a warrant is on file, and the identity of the suspect is known to police and their escape would not be an immediate danger to an innocent person or officer.

One-man protest

Allen Thomas, 28, of Waukee showed up to Wednesday's press conference on the police shooting to protest.

He carried a sign that read, "Hey Mr. Po Po ... I'm unarmed and protesting. Are you going to kill me."

"I think this country is turning into a police state," Thomas said. "It would have been more appropriate to use a taser on this suspect."

Police scanners recount shooting

Public police scanner audio between dispatchers and officers chasing shooting victim Ryan Keith Bolinger's car shed some light on what police saw Tuesday night.

Senior Police Officer Ian Lawler first told dispatchers over his radio around 10:17 p.m. that he was following Bolinger's car going southbound on Merle Hay Road past Madison Avenue. He read the license plate over the scanner.

"He pulled up next to me on my traffic stop and started running around on the highway. Then he jumped back in his car, taking off," Lawler said.

Senior Police Officer Vanessa Miller was already trailing the chase at that point, Lawler indicated.

About 45 seconds later, Miller reported that they had crossed Douglas Avenue going about 35 miles per hour, "weaving all over." Dispatch asked if the suspect was a juvenile, to which Lawler stated that he was probably in his 20s or 30s.

Lawer adds that the driver might may be "10-96," which is police code for mentally ill, or "10-55," a drunk driver.

Another 40 seconds later, the trio arrived at Urbandale Avenue.

"Looks like we're going to turn around," Miller stated. "Whoop. Heading back northbound."

That's when Bolinger made a U-turn.

Twenty seconds of silence elapsed before the dispatcher asked where the officers were headed. Miller chimed in, breathlessly restating their location.

The dispatcher asked again whether they were still "running" or pursuing.

Silence.

At about 10:20 p.m., Miller said she was "trying to take one into custody."

Seven seconds later, Lawler reported, "Shots fired. We need rescue."

"We've got a white male, torso, and uh, I'm not sure what the injuries are," Miller told dispatchers about 30 seconds later.

They reported that it was officer-involved shooting, but that police were OK.

"Did an officer fire a shot or did the suspect?" the dispatcher asked.

Six seconds of silence until a male officer responded, "Officer involved. Uh ..."

The dispatcher didn't ask again but started to direct other officers that were called to the scene.

At about 10:25 p.m., police and dispatchers removed the call from the public airwaves.