LINN COUNTY

ATTORNEY S OFFICE
MV

OFFICIAL MEMORANDUM OF THE LINN COUNTY

ATTORNEY'S OFFICE
RE: Officer Involved Shooting - 7/30/2022
DATE: August 22, 2022
For Immediate Public Release

BACKGROUND
The use of deadly force by a peace officer is a matter of serious consequence warranting

careful investigation and thorough review. In the State of Iowa, it is the general consensus

among County Attorneys that it is the duty of the County Attorney, as the chief law enforcement

official of his or her jurisdiction, to be available for consultation and lend assistance in the

investigation and evaluation of Officer-Involved Shooting (hereinafter "OIS") incidents in a timely,

objective and professional manner. One of the duties of the Linn County Attorney to evaluate OIS

incidents to determine whether criminal charges may be warranted.

On July 30, 2022, there was an OIS incident that took place in the 2200 block of Glass Rd.

NE, Cedar Rapids, Iowa. The Cedar Rapids Police Department requested that the Division of

Criminal Investigation investigate the OIS incident. The Cedar Rapids Police Department advised

the Linn County Attorney's Office later in the day on July 30, 2022, of the OIS. On August 1, 2022

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Linn County Attorney Nick Maybanks met with Cedar Rapids Police Investigators and DCI agents

to preliminarily discuss the case. Reports involving the interview of the man shot by two police

officers as well as audio recordings of the interviews of both officers were turned over to Linn

County Attorney Maybanks on August 11, 2022. Linn County Attorney Maybanks has reviewed all

police narratives and reports that have been generated in this case as well as squad car and body

cam footage from the two officers involved and a third officer who was present on the scene.

Linn County Attorney Nick Maybanks has completed the factual findings and conclusions for this

OIS as set forth in this Official Memorandum.

Factual Findings

On July 29th and 30th, 2022, Cedar Rapids Police Officer Blair Klostermann was working

the 2100 -0700 shift as a uniformed patrol officer in a fully marked Cedar Rapids Police

Department law enforcement vehicle. Officer Klostermann has 3 years of service as a law

enforcement officer. On July 30, 2022, at approximately 3:49:06 am, Officer Klostermann

discharged her service weapon 4 times at Brandon Nelson, 23, of Cedar Rapids, in the 2200 block

of Glass Rd. NE, Cedar Rapids, Iowa.

On July 29th and 30th, 2022, Cedar Rapids Police Officer Matt Jenatscheck was working

the 2100 -0700 shift as a uniformed patrol officer in a fully marked Cedar Rapids Police

Department law enforcement vehicle. Officer Jenatscheck has 26 years of service as a law

enforcement officer. On July 30, 2022, at approximately 3:49:06 am, Officer Jenatscheck

discharged his service weapon 8 times at Brandon Nelson, 23, of Cedar Rapids, in the 2200 block

of Glass Rd. NE, Cedar Rapids, Iowa.

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 Brandon Nelson sustained at least 3 gunshot wounds from being shot at by these two

officers. He had wounds to his left lower abdomen, his left chest, and his left tibia . He survived

his injuries.

The circumstances that led to these officers discharging their service weapons and

shooting Nelson first started on July 30, 2022, at approximately 3:13 a.m. when Officer Alexander

Rink encountered what he described as a white or silver Chrysler 200 or Sebring, later determined

to have been operated by Nelson, traveling northbound in the 3000 block of Edgewood Rd. SW at

a high rate of speed. Officer Rink confirmed by the squad car radar that Nelson was traveling at

93 mph, well in excess of the posted speed limit

Exhibit 1 - Officer Rink' s

I squad car video

capturing the suspect

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vehicle on radar at 93
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mph in the 3000 block of

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Edgewood Rd. SW.
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Officer Rink was able to turn around in the 2700 block of Edgewood Rd. SW and activate

his emergency lights and siren to attempt to catch up to the vehicle but lost sight of it. Officer

Rink continued northbound on Edgewood Rd. and encountered the vehicle again traveling

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southbound this time down the hill from 0 Ave. NW at a speed of 90 mph. Officer Rink turned
Officer
around to pursue the vehicle again, this time going southbound, but again lost sight of it
.

traveling at
Rink then encountered the vehicle again at 12 Ave. and Edgewood Rd. SW and it was
th

Rink s '
him going northbound. The suspect vehicle crossed the center line and came at Officer

vehicle head-on forcing him to maneuver to the outside lane to avoid being struck.

Exhibit 2 - Officer Rink's

squad car camera

capturing the suspect

vehicle traveling head-on

4
at Officer Rink's squad
Vt

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car at Edgewood Rd. and

Kll0@City 72 th Ave. SW .
LB S
* 20,22 07 - 30 03 16:54
- :
Sgt. Adrienne

r. It
Phelps advised Officer Rink to terminate the pursuit due to the suspect's reckless behavio

was clear that the suspect was attempting to bait officers into a pursuit.

The suspect vehicle was spotted on numerous subsequent occasions driving recklessly
ly
and over the speed limit in N W Cedar Rapids over the next half-hour or so, including reported

traveling head-on at an ambulance. At this juncture, the suspect vehicle had gained the attention
driving by
of many uniformed officers in squad cars concerned about the dangerous and reckless

the suspect.

Officer Blair Klostermann spotted the suspect vehicle and began to follow it northbo
und

und
on Edgewood Rd. NW at approximately F Ave. NW. The vehicle continued to proceed northbo

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driving into oncoming traffic and swerving between the two northbound lanes until it turned right

(eastbound) onto Glass Rd. NE and came to a momentary stop in the traveled portion of .the

roadway at 3:47:12 a.m. Officer Jenatscheck had joined as the second car behind Officer

Klostermann by that time.

Exhibit 3 - Officer

Jenatscheck's squad car

camera capturing the

I ••
suspect vehicle stopping

in roadway just after

turning eastbound on

P 63 @ East D Glass Rd. NE.

2 0 2 2-0 7- 3 0 0 3 : 4 7 : 1 2
Officer Klostermann continued to follow the suspect vehicle as it began to pick up speed

again, reaching a speed of up to 77 mph, well in excess of the posted speed limit. As Officer

Klostermann crossed the intersection of Glass Rd. NE and Old Orchard Dr. NE, she requested

permission to conduct a traffic stop at 3:48:26 a.m. and was granted permission from Sgt. Jacob

Briley at 3:48:32 a.m. as the vehicle stopped at the intersection of Glass Rd. NE and Wenig Rd. NE.

Officer Klostermann activated the top lights of her squad car at 3:48:39 a.m. The suspect vehicle

continued at a high rate of speed in excess of the speed limit traveling eastbound on Glass Rd. NE

and suddenly stopped in the 2200 block of Glass Rd. NE. Officer Klostermann stopped her squad

car behind the suspect vehicle and Officer Jenatscheck pulled up next to her in his squad car and

came to a stop in the westbound lane of traffic. The driver's side door swung open at 3:48:56 a . m.

as Officer Klostermann called in the location of the traffic stop as 2209 Glass Rd. NE.

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 Exhibit 4 - Officer

Klostermann’s squad car

camera capturing the

driver's side door

swinging open in the

2200 block of Glass Rd.

P16@West D
LB NE.
'
2022 - 07 - 30 03 : 48 : 56

Given the entirety of events to this point, pursuant to their training and for the

safety of the officers and the suspect, the officers were planning on conducting a felony stop. A

felony stop is when officers come out of the vehicle, remain behind cover, usually with firearms

drawn and give orders from a distance to the subject, as opposed to a routine traffic stop where

the officer would simply walk up to the vehicle and make contact with the driver at the vehicle.

Before the officers could even get out of their vehicle, Nelson emerged from the driver 's seat

holding a long black gun at 3:49:01.

Exhibit 5 - Officer

Klostermann's squad car

camera captures Nelson

emerging from the driver's

side seat with a long black

1
gun.
P16@ West D
L
2022 - 07 - 30 03 : 49 : 01

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 Nelson pulled up the gun to his chest level pointing it the direction of Officer Klostermann

twice at 3:49:02 and 3:49:03

Exhibit 6 - Officer

Jenatscheck's squad car

camera captures Nelson

pulling the shotgun to

chest level and pointing it

at Officer Klostermann .

Exhibit 7 - Officer

Klostermann's squad car

camera captures Nelson

pulling the shotgun to his

chest and aiming it at

Officer Klostermann
P16@West D
again.
L
2022-07 - 30 03 : 49:03

Both Officers Klostermann and Officer Jenatscheck then withdrew their service weapons

from their holsters while simultaneously ordering Nelson to drop his gun at 3:49:04. Nelson did

not follow their lawful orders. Nelson then lifts the gun up to his shoulder to aim it at Officer

Jenatscheck as both officers order him to drop the gun again at 3:49:05.

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 Exhibit 8 - Officer

Klostermann’s squad car

camera captures Nelson

bringing the shotgun up to

his shoulder to take aim at

3
Officer Jenatscheck.
P16@ West D
L
'
2022 - 07 - 3 0 03 : 49 : 05

Exhibit 9 - Officer

Klostermann's squad car

camera captures Nelson

taking full aim at Officer

—
r
3 Jenatscheck.

P16@West D
L
'
2022 - 0 7 - 30 03 : 49 : 05

As Nelson takes aim at Officer Jenatscheck, both officers discharge their service

weapons at Nelson. All 12 gunshots by the officers were fired in approximately one second of

time from 3:49:06 to 3:49:07. As previously noted, Officer Klostermann fired 4 shots and Officer

Jenatscheck fired 8 shots. As Nelson was struck with bullets and taking aim, he discharged the

shotgun in the direction of Officer Jenatscheck.

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 Exhibit 10 - Officer

Klostermann' s squad car

camera captures both

officers firing gunshots at

Nelson and Nelson being

struck by bullets as he fires

P16@West D
L
the shotgun.
2022 - 07 - 30 03 : 49 : 06

Nelson was on the ground by 3:49:08. Officer Jenatscheck was not shot or physically

harmed by the discharge of the shotgun.

Exhibit 11 - Officer

Klostermann's squad car

camera captures Nelson on

the ground having been shot

i — four times by officers.

“ «
*- - P16@West D
L
2022 - 07 - 30 03 : 49 : 08

Officer Paul Cavin was the third officer on the scene. Officer Cavin pulled behind Officer

Klostermann and Officer Jenatscheck’s squad cars with a direct view of the suspect vehicle

between them. He observed Brandon Nelson exit the suspect vehicle with a shotgun and saw

him point it toward both officers. He then heard the multiple gun shots being fired. He and

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Officer Klostermann gave orders for Nelson not to move and to show his hands. Nelson

complied with those orders. They were the first two officers to go hands-on with Nelson.

Exhibit 12 - Officer

Klostermann's squad car

camera captures Officers

Cavin and Klostermann giving

i
orders to Nelson as they

P16@West D approach him .

L
2022 - 07 - 30 0 3 : 4 9 : 2 4

Officers Cavin, Klostermann, Jenatscheck and Brady Christensen then provided emergent

medical care to Nelson pending the arrival of Area Ambulance. Officer Cavin kicked the shotgun

towards the side of the road and away from Nelson. The Crime Scene Unit then documented the

location of the shotgun used by Nelson before collecting it.

Exhibit 13 - Crime Scene Unit

documents the location of the

shotgun used by Nelson.

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 kicked
Exhibit 14 - Aerial view of the position of officers' squad cars and where the shotgun was

by Officer Cavin during examination of the scene.

Sgt. Bryson Garringer contacted the State Patrol Headquarters for District 11 and

arranged for the DCI to be notified that there was an OIS. Sgt . Garringer contacted the Crime

Scene Unit to come process the scene.

Investigator Sara Lacina of the Cedar Rapids Police Department conducted follow up
-

interviews of two of Nelson's friends who had been with him earlier in the night. One of those

friends was the owner of the vehicle that Nelson had been driving. He reported that he left the

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vehicle in Nelson's possession after Nelson dropped him and another friend off around

approximately 1:30 a.m. on July 30, 2022. They both reported that Nelson had been drinking

alcohol and was driving recklessly. The owner of the vehicle confirmed that there was a shotgun

in the vehicle when he left it with Nelson, claiming it was in the trunk of the car.

DCI Agent Trent Vileta conducted interviews of Officers Klostermann and Jenatscheck.

The statements given by both officers were credible and consistent in all pertinent aspects with

the squad car and body cam videos as well as the crime scene investigation.

Officer Klostermann reported that she saw Nelson immediately engage them by pointing

the shotgun at her and heard him rack the gun. She then saw him point the gun at the officer on

her left, who she quickly learned was Officer Jenatscheck. She stated that she knew he was

going to kill them, could not give him any more time to do it and had no other option so she began

shooting at him until he fell to the ground. She heard the shotgun fire and initially believed that

Officer Jenatscheck was shot and possibly dead.

Officer Jenatscheck reported that when Nelson first emerged from the suspect vehicle he

was "laser-focused" on Officer Klostermann. He said he yelled for Nelson to "drop the gun" and

that is when Nelson brought the shotgun up and took aim at him. He stated that he was .looking

down the barrel of Nelson's gun and that he didn't want to die so he shot at Nelson until he could

not see him, meaning he had fallen to the ground. When he first saw Officer Klostermann, after

the shooting, she looked at him "like she'd seen a ghost” telling him that she thought he had been

shot.

Nelson was interviewed by DCI Agent Trent Vileta and Investigator Sara Lacina. Nelson

reported having no recollection of what occurred from the time he dropped off the owner of the

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vehicle until he was on the ground outside the vehicle in pain. He admitted to consuming alcohol

the night of the incident and assumed he was intoxicated and acted the way he did in order to get

shot by the police.

Legal Authority

"Reasonable force" means that force and no more which a reasonable person, in like

circumstances, would judge to be necessary to prevent an injury or loss and can include deadly

force if it is reasonable to believe that such force is necessary to avoid injury or risk to one' s life or

safety or the life or safety of another, or it is reasonable to believe that such force is necessary to

resist a like force or threat. Iowa Code § 704.1.

A person is justified in the use of reasonable force when the person reasonably believes

that such force is necessary to defend oneself or another from any actual or imminent use of

unlawful force. Iowa Code Ann. 704.3.

The term "deadly force” means any of the following:

a. Force used for the purpose of causing serious injury.

b. Force which the actor knows or reasonably should know will create a strong probability

that serious injury will result.

c. The discharge of a firearm, other than a firearm loaded with less lethal munitions and

discharged by a peace officer, corrections officer, or corrections official in the line of duty,

in the direction of some person with the knowledge of the person's presence there, even

though no intent to inflict serious physical injury can be shown.

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 d. The discharge of a firearm, other than a firearm loaded with less lethal munitions and

discharged by a peace officer, corrections officer, or corrections official in the line of duty,

at a vehicle in which a person is known to be. Iowa Code § 704.2.

Conclusion

On July 30, 2022, Cedar Rapids Police Officers Blair Klostermann and Matthew

Jenatscheck of the Cedar Rapids Police Department used deadly force against Brandon Nelson

the driver of the silver Chrysler Sebring, when they shot twelve times at him.

The deadly force was no more than a reasonable person in like circumstances, would

judge to be necessary to prevent injury to themselves. It was reasonable to believe this deadly

force was necessary to avoid injury or risk to Officer Klostermann and Officer Jenatscheck's lives

and was necessary to resist the threat of deadly force they faced when Nelson aimed a shotgun

at both of them and fired toward Officer Jenatscheck.

Cedar Rapids Police Officers Blair Klostermann and Matthew Jenatscheck were justified

in the use of reasonable force because they reasonably believed that such force was necessary to

defend themselves from the actual and imminent use of unlawful force against them by Brandon

Nelson.

Officers Klostermann and Jenatscheck discharged twelve shots in rapid succession when

both officers still feared for their lives and safety and under circumstance wherein the force was

reasonable until the threat subsided or was neutralized.

Criminal charges against Officers Klostermann and Jenatscheck are not warranted

Without question, this was clearly a justified shootin

V
£
Nick Maybanks
Linn County Attorne

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