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.
Just after 6 Thursday morning, 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, 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 Cross has been arrested and charged with the following crimes:
Interference with Official Acts, a Class â??Câ?? Felony (Iowa Code 719.1(2))
Assault on Peace Officer, a Class â??Dâ?? Felony (Iowa Code 708.3a(1))
Operating a Vehicle Without Ownerâ??s Consent, an Aggravated Misdemeanor (Iowa Code 714.7)
David W. Cross is being housed at the Des Moines County Jail awaiting his initial appearance. The investigation was conducted by the Iowa Division of Criminal Investigation and the Burlington Police Department.
It was a little bit of the wild west at one Southeast Iowa Casino Tuesday night.
On February 12, at around 9 p.m., the Division of Criminal Investigationâ??s Special Enforcement Operations Bureau at the Catfish Bend Casino received a report of a subject breaking into vehicles in the casinoâ??s parking garage.
The subject, described as a black male, wearing a heavy overcoat and stocking hat had stolen a casino employeeâ??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 agentâ??s location.
The agent moved out of harmâ??s way and fired 3 shots with his service weapon at the subject.
The subject struck the agentâ??s patrol car with the stolen vehicle and sped away. The stolen vehicle was found a short time later, but the subject has not been located. No injuries have been reported.
The incident is under investigation by the Iowa Division of Criminal Investigation and the Burlington Police Department. Anyone with information related to this incident is asked to call the Burlington Police Department at (319) 753-8371.
(Information provided by the Iowa Department of Public Safety)