Cedar Rapids officers cleared in death of Desirae Daniel - KWWL - Eastern Iowa Breaking News, Weather, Closings

Cedar Rapids officers cleared in shooting death of Desirae Daniel

Desirae Daniel Desirae Daniel

Two Cedar Rapids police officers have been cleared in the Dec. 4 shooting death of 27-year-old Desirae Ann Daniel.

Linn County Attorney Jerry Vander Sanden announced on Tuesday that after reviewing the investigative file of the Division of Criminal Investigation, no criminal charges were warranted and the use of deadly force was justified by officers Mitchell Magill and Adrienne Phelps.

According to Vander Sanden's report, Magill and Phelps were on routine patrol at around 2:29 a.m. on Dec. 4 when they saw a vehicle heading south on 13th Street NW.

Officers say they recognized the car from an earlier incident in which they found the registered owner, Michelle Kuba, unconscious inside.

The report also says that the driver of the car, who was later determined to be Daniel, did not signal for a turn from southbound 13th Street NW to westbound F Avenue NW. Magill also noticed that the license plate light was hanging loose from the car.

The report says that when Magill, the driver of the squad car, turned on his emergency lights and sirens to make a traffic stop, Daniel did not respond and led the officers on a two-mile chase.

The officers say Daniel ran two stop signs and reached speeds between 50 and 60 mph on Johnson Avenue NW.

Officers say Daniel finally stopped for officers in the 200 block of 27th Street NW.

After shining their spot light on the stopped vehicle, officers say they determined the driver was the only person in the car and the driver was making "furtive movements" as if she was reaching for something in the front seat.

Based upon that information and their training, officers approached the car with their service revolvers drawn.

The officers say they shouted continued commands at Daniel to show them her hands, but these commands were continually ignored and the driver continued to reach for something in the front seat.

According to the report, when Magill got close enough to get a clear view of the driver, Daniel was leaning back in the driver's seat turned to her left with a black handgun in her right hand that was pointed at Magill.

At that point, the report says Magill yelled gun and the two officers opened fire, sending nine rounds at Daniel.

According to the report, six shots hit Daniel -- four to her upper torso, one above her left knee and one to her right hand.

Daniel was rushed to St. Luke's Hospital but died from her injuries a short time later.

The report says a Ruger model LCP .380 handgun was recovered from Daniel's lap. An ATF trace of the gun determined it had been stolen from a vehicle in Cedar Rapids about two months earlier.

The report also noted the gun was fully loaded with a live round in the chamber.

The report also says that a search of the vehicle turned up meth-making ingredients. Toxicology tests done on Daniel showed the presence of methamphetamine and amphetamine in her system.

The report says the squad car that Magill and Phelps were in did not have video recording equipment, and voluntary urine specimens given by both officers proved negative for the presence of drugs and alcohol.

"Deadly force was reasonably necessary when officers were confronted with the clear and immediate threat of lethal force when Desirae Daniel pointed a loaded firearm at Officer Magill," Vander Sanden said in the report.

Powered by Frankly