Review shows agent justified in shooting near Burlington casino

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David Cross photo from Des Moines County Jail

State investigators ruled the actions of an agent who fired three shots at a stolen vehicle in Burlington were justified.

Police said David Cross, 40, was trying to steal an employee’s vehicle at Catfish Bend Casino in Burlington, Iowa just after 9 p.m. Wednesday, February 12, 2014.  When Special Agent James Thomas Jenkins tried to stop the vehicle, Cross allegedly drove at the agent and crashed into his marked patrol car before speeding away.  The agent fired three shots at the stolen vehicle.

“A thorough investigation has determined that Agent Jenkins’ actions were justified and performed within the scope of his employment as a law enforcement officer,” said a statement issued by state police Friday, February 21. “Agent Jenkins’ action was intended as a defensive response to protect himself and others from the further actions of the suspect in the incident.”

Cross was discovered the morning after the incident, asleep in the back seat of a vehicle parked in Burlington.

Cross was charged with felony interference with official acts, assault on a peace officer and operating a vehicle without the owner’s consent.

The stolen vehicle was recovered.

Cross remained held in the Des Moines County Jail. He was held in lieu of a total of $55,000 bond.