A Des Moines police officer was justified in shooting and wounding a man armed with a knife, a Polk County jury has found.
Bryan Norris sued Officer Trudy Paulson and the city for the September 2019 shooting, which left him with permanent injuries including the loss of his spleen. The case went to trial and on Friday, March 6, a Polk County jury delivered a verdict in Paulson’s favor.
The shooting occurred after officers were called to clear a homeless encampment in a wooded area along the Raccoon River. As the officers testifed, Norris first gave officers a false name, then fled into the river, only to emerge minutes later wielding a shovel and then a knife. He was shot after repeated instructions to drop the items.
Norris was later charged for the July 2019 murder of another encampment resident and is now serving a 70-year prison sentence, although Paulson and the other officers were not aware of his connection to that crime at the time of the shooting. He pleaded guilty to interference with official acts in connection with the confrontation that led to his shooting.
His attorney, Bob Rehkemper, in a statement acknowledged the jury’s work and said he hopes the trial can nonetheless “facilitate positive reforms” for the police department.
“Their verdict reflects the conscience of our community and we respect it and their crucial role in this process,” he said. “We remain concerned with the use of force and the practices employed by the Des Moines Police Department as exposed throughout this trial.”
In a statement, City Manager Scott Sanders said the jury’s verdict was appropriate “considering the significant danger the plaintiff posed to the officer and others” before his shooting.
“The City of Des Moines Police Department takes the use of such force seriously, providing extensive training and detailed policies regarding the discharge of firearms,” Sanders said. “The officer acted in compliance with that training and those policies.”
What happened on the Raccoon riverbank?
Although Norris at the time was not wanted for murder, he did have an outstanding warrant for a minor offense. At trial, he testified remotely from prison that he lied to police and then fled the scene because he wanted to avoid being confined. He also said he’d been using methamphetamine and was not thinking clearly during the encounter.
After jumping in the river, Norris said, he heard the three officers on scene splitting up to look for him, and testified he thought he could “outfox” them by doubling back. He emerged near the original camp carrying the shovel, then picked up the knife.
Paulson, who had remained at the camp, drew her gun and ordered Norris to drop the knife and shovel. Footage from her body camera showed Norris moving laterally along the bank, then turning to face her just before she shot him. Evidence technicians later measured 24 feet from Paulson’s spent casings to Norris’ bloodstains, although attorney John Haraldson for the city argued the actual gap was less than 20 feet.
In her testimony, Paulson described Norris taking a “fighting stance” just before she shot him. Haraldson, in his closing argument, said Norris was clearly determined to elude capture, even if it meant going through a police officer.
“(Paulson) had to act and make that decision,” he said. “She is thinking, he’s going toward the river, maybe he’s going to flee, but then he pivots, and she’s confident, we’ve done this dance, he’s going to attack.”
Rehkemper argued to jurors that the officers had exaggerated the threat, saying that Norris retreated and never tried to approach the officers. Paulson told investigators in a later interview that Norris had raised the knife above his head, although the video showed it was still at his side, and a police news release inaccurately described Norris’ blade as a machete.
“When we get to a point in life where hallucinations are justification, it’s anarchy. It’s complete and utter anarchy,” Rehkemper said. “All I’m asking is for each and every one of you in this case to find the truth and do justice.”
Haraldson asked the jury to find Paulson justified in shooting Norris.
“They want more than $4 million for violating the law and threatening a police officer. I can’t even tell you how outrageous that is,” he said. “… He committed a felony and threatened police officers that day. He deserves nothing for it.”
Jurors heard closing arguments Friday morning after the weeklong trial, and returned their verdict shortly after 1 p.m.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Jury finds Des Moines police officer justified in 2019 shooting
Reporting by William Morris, Des Moines Register / Des Moines Register
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