Iowa Department of Public Safety
215 East 7th Street
Des Moines, Iowa 50319

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For immediate release: Alex Murphy
  DCI Public Information Officer
Investigative Operations
Iowa Department of Public Safety
Friday, February 21, 2014
(515) 443-3014 - cell
(515) 725-6189 - office

Des Moines County Attorney's Review on Catfish Bend Casino Use of Force on
February 12, 2014

Des Moines County, IOWA -- Review by Des Moines County Attorney on Special Agent James Thomas Jenkins' Use of Force on February 12, 2014, outside Catfish Bend Casino

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.

A criminal charge is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.


Man Arrested in Connection With Stolen Vehicle Incident At Burlington Casino

Burlington, IOWA -- On February 12, 2014, at approximately 9:10p.m., the Division of Criminal Investigation’s Special Enforcement Operations Bureau at the Catfish Bend Casino received a report of a subject breaking into vehicles in the casino’s parking garage. The subject, described as a black male, wearing a heavy overcoat and stocking hat had stolen a casino employee’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 agent’s location.  The agent fired 3 shots with his service weapon at the subject.  The subject struck the agent’s patrol car with the stolen vehicle and sped away. The stolen vehicle was found a short time later, but the subject was not located at that time. No one was injured during the shooting incident. 

Pursuant to Department of Public Safety policies, the DCI agent involved has been placed on paid administrative leave pending the outcome of the investigation.

David W. Cross photo

David W. Cross

On February 13, 2014, at approximately 6:09a.m., 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, age 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 “C” Felony (Iowa Code 719.1(2))
Assault on Peace Officer, a Class “D” Felony (Iowa Code 708.3a(1))
Operating a Vehicle Without Owner’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.          
Local Contact: Special Agent Jeff Uhlmeyer - 319 759-2541               

A criminal charge is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.


Note: A criminal charge is merely an accusation and a defendant is presumed innocent until proven guilty.

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