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Police used reasonable force during officer-involved shooting, man shot facing charges

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    Local news and information for Cedar Rapids, Marion, Hiawatha, Center Point, Mt. Vernon, Central City, Robins, Alburnett, Fairfax, Palo, Ely, Lisbon, Springville and the surrounding Linn County area.

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CEDAR RAPIDS (KWWL) -

A man shot three times by Cedar Rapids police officers will be facing charges related to the incident that led up to the shooting in March.

Kyle Orth, 27, was shot by three times by police on March 29 in the 800 block alley between Center Point Road and Daniels Street NE in Cedar Rapids.

The Iowa Department of Criminal Investigation looked thoroughly into the case and compiled a report that included police reports, written statements, medical records, photographs, dash cam video from squad cars.

Upon reviewing the report, the Linn County Attorney determined that the officers who shot Orth, Officers Brandon Tinta and Jeremy Depies used appropriate force given the situation; the Attorney's Office is filing five charges against Orth: Assault on a Peace Officer with a Dangerous Weapon, Interference with Official Acts while Attempting to Inflict Serious Injury, Operating a Motor Vehicle while Intoxicated and two counts of Attempt to Elude.

The DCI report suggests that the officers tried to pull Orth over for several blocks, while speeding through red lights, and driving the wrong way on a one-way street. Once police caught up with him, Orth allegedly put his orange BMW in reverse and backed up into their car, but hit a utility pole instead.

Officers claim that after Orth hit the pole, police pointed their guns and told him to put his hands up; however, reports say he put the car in drive and accelerated directly at Officer Tinta. At that point, Tinta thought he was going to die, and both cops shot at Orth, hitting him in the right shoulder, left arm and left thigh. Investigators claim the dash cam video shows that Orth's headlights were working properly, so investigators believe he saw Officer Tinta and was aware of his actions.

The Linn County Attorney's office says the use of force was reasonable under Iowa Code Section 704.1, and the video from the squad car backs up the police reports.

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