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Des Moines police legally justified in fatal shooting of man who shot 2 officers, AG’s Office says

DES MOINES, Iowa — The Iowa Attorney General’s Office has issued its review of the fatal shooting of Joshua Green by three Des Moines police officers on September 16th and determined it was legally justified. The review is based on the investigation into the incident by the Iowa Division of Criminal Investigation.

Officers Cade Moritz and Frankie Contreras stopped a vehicle driven by Green around 1:40 a.m. on September 16th in the 2400 block of Hubbell Avenue for a defective driver’s side light. When the officers exited their patrol vehicle, Green sped away. Following a short chase, Green crashed at East 24th and Easton Blvd.

More officers arrived at the scene to assist with the situation and commands were given to Green to exit the vehicle. He didn’t comply and kept revving the car’s engine and rocking it back and forth. The review said a taser was deployed, but Green pulled the barbs out, indicating it was ineffective.

Green was in the driver’s seat with the door open and one leg out of the vehicle when another taser was deployed, which also had no effect. One of the officers pulled Green’s foot, causing him to fall out of the car. The review said Green, almost immediately, pulled a firearm from his waistband, moved into a semi-upright position, and fired multiple shots at the officers.

Officer Boekhoff was hit in the forearm and Officer Moritz was hit in the head.

Police did not know Green had been armed up until that point.

Officer Boekhoff, Officer Frankie Contreras, and Captain Chad Steffen immediately returned fire. The review said Green tried to stand up several times during the firefight. He died after being struck by multiple rounds.

The conclusion of the Attorney General’s Office released on Friday said, “The officers reasonably believed that Green was a serious and immediate threat to their lives and that deadly force was required to stop the threat.”

The AG’s office said no criminal charges are warranted, the officers’ actions were legally justified, and the investigation into the incident will be closed.

A passenger in Green’s vehicle, Shawna Cunningham, has been federally charged with providing the firearm Green used in the incident because he was prohibited from possessing a weapon due to multiple previous convictions. Cunningham was Green’s fiancé.

Officer Mortiz’s injury was life-threatening and he underwent emergency surgery. He was hospitalized for several days before being moved to a longer-term rehabilitation facility. The review said he is making positive progress in his recovery.

Officer Boekhoff’s injuries required immediate emergency treatment and later surgery. He remains on critical incident leave and continues to receive post-surgery treatment as he heals.

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