D.M. cop cleared, had "a second to decide" to shoot, chief says

A Des Moines police officer who fatally shot an unarmed man through the window of her squad car was justified in her actions, Police Chief Dana Wingert told The Des Moines Register in an exclusive interview Monday.

Wingert said Officer Vanessa Miller's use of deadly force against 28-year-old Ryan Keith Bolinger of West Des Moines was justified after Bolinger abruptly approached her vehicle following a police chase.

Miller’s actions are “consistent with what a reasonable person would do in that situation,” Wingert said. “There is not a policy violation. It was (Miller’s) reaction in that moment. That's the standard not just for a police officer, but any reasonable person. It's the standard used by the grand jury.”

A grand jury previously declined to indict Miller in the death after deliberating on the case in August.

Brett Beattie, an attorney representing Bolinger's family, said the result of the internal investigation wasn't surprising.

"Ryan’s family never expected the Des Moines Police to find that one of their own did anything wrong," Beattie said in a statement. "Therefore, the opinion of the Des Moines Police Department on the matter is not a surprise to us.

"Only by verdict of a jury of the officer’s peers will justice truly be had. We have prudently taken this situation one step at a time, and we will continue to act reasonably as we move forward in our pursuit of justice."

The bizarre fatal shooting occurred shortly after 10 p.m. June 9. Police said it began when Bolinger pulled alongside Officer Ian Lawler near Merle Hay Road and Aurora Avenue in northwest Des Moines.

Lawler had stopped another vehicle for a routine traffic violation when Bolinger pulled his car so close to Lawler’s that the officer could not open his vehicle door. Bolinger then got out of his car and acted "erratically," police said.

Bolinger “was blocking traffic on Merle Hay Road, and Lawler kept yelling at him to pull into a nearby lot,” Wingert said. “He peeled out his tires and whipped into the lot. Lawler let the people in the vehicle he had already stopped go and followed Bolinger.”

Lawler pursued Bolinger in a brief chase that never exceeded 35 mph, traveling south down Merle Hay Road. Officer Miller joined the chase.

Bolinger made a U-turn and stopped abruptly near Urbandale Avenue and Merle Hay Road.

Lawler pulled his squad car in front of Bolinger’s vehicle. Miller pulled in behind.

“Ninety-nine-point-nine percent of the time, a chase ends one of two ways,” Wingert said. “The suspect either gives up in the car or they run.”

In fact, Miller suspected a foot chase was about to ensue. When Bolinger’s vehicle stopped, Miller could be overheard on video of the incident saying, “We’re gonna run.”

But instead of fleeing, Bolinger moved directly toward the driver’s side door of Miller's vehicle. Miller fired through her rolled-up window and struck Bolinger in the torso.

Bolinger, who was unarmed, died from his injuries.

Wingert said Miller had about a second to make a life-and-death decision.

“You have a suspect who has acted erratically and makes an aggressive move toward the officer’s car,” Wingert said. “The squad car isn’t a magic shield. If the suspect had had a gun, he could have shot her right through the window.”

Wingert believes Miller feared for her safety.

“Sometimes it is hard for the public to understand what fearing for your life means to a police officer,” Wingert said. “This isn’t your 4-year-old nephew jumping out from the closet and scaring you. This is a person you don’t know who has been acting erratically and has made a sudden move to your vehicle.”

Wingert said Miller was at a “tactical disadvantage” when Bolinger approached her vehicle.

“So much of what we do as officers on the street has to do with time and spacing,” Wingert said.

He used the example of an attacker who is 20 feet away, as opposed to one who is right in an officer’s face.

“With the distance, you are better able to assess the threat,” Wingert said. “That distance did not exist in this case.”

Wingert said he has heard much speculation about what Miller should have done.

“Some people say she should have thrown the car in reverse,” Wingert said. “OK, if we’re speculating, let’s say she does that and (Bolinger) has a gun and fires right through the window and shoots her in the head. Or, he falls down under the car, she drives over him.

“You can Monday-morning quarterback this to death. But the bottom line is none of us were there in that moment at the time. She had a second to decide.”

Miller remains on leave, but not for disciplinary reasons, and is eligible to return to active duty, Wingert said.

Miller is a married mother of a 3-year-old daughter.

Bolinger was engaged to Patricia Walker of Des Moines at the time of his death. He had two sons and a daughter.

“A lot has been lost on both sides,” Wingert said. “Parents have lost their son. Children have lost their parents. And there are a lifetime of emotions and memories that can’t be erased. It’s a truly tragic incident.”