The following is a summary of the officer involved shooting investigation by the Scott County Sheriff’s Department and Iowa Department of Criminal Investigation. As a result of the investigation, the following charges have been filed against Nicholas Warner; three counts of Assault on a Police Officer with a Dangerous Weapon (automobile), Operating While Intoxicated Second Offense, Possession of a Controlled Substance 9cocaine), and Eluding.
Facts:
On May 16, 2018, at approximately 10:44 AM Nicholas Warner was the driver of a silver Oldsmobile that struck parked cars in the area of 6th and Division Streets in Davenport. As a result, Davenport Police Department Sgt. Eric Gruenhagen was flagged down at 6th St. and Division St. by citizens who witnessed the collisions.When Sgt. Gruenhagen walked towards the Oldsmobile to investigate, it quickly accelerated and fled. The Oldsmobile drove across the intersection of 6th St. and Division St., without stopping, almost striking cross traffic on Division. It then went off the roadway striking a building. Sgt. Gruenhagen moved toward the center of the intersection with his duty pistol out giving commands for the Oldsmobile to stop. The Oldsmobile backed up into the intersection pointing the front of the Oldsmobile at Sgt. Gruenhagen. The Oldsmobile, with audible acceleration of the motor, drove at Sgt. Gruenhagen. The Oldsmobile collided with another car in the intersection.
The Oldsmobile fled north on Division Street. Officers Michael Martin and Robert Bytnar, responding to the scene South on Division, observed the Oldsmobile traveling north on Division. They turned around to stop the vehicle. At this point it was clear the Oldsmobile was not going to stop and was driving in a manner that put officers and citizens at risk of death or serious injury. Sgt. Gruenhagen advised Officer Martin and Officer Bytnar to stop the Oldsmobile. The Oldsmobile turned west onto 9th Street, from Division St., almost striking other vehicles in traffic.
The Oldsmobile stopped facing Westbound on 9th. Officer Bytnar exited the passenger side of the squad car and began giving the driver commands to stop, eventually taking up position at the front passenger side of the Oldsmobile. The Oldsmobile, while revving its engine, attempted to keep moving forward, eventually ramming the squad car with Officer Martin inside. In order to stop the vehicle, Officer Bytnar fired twice into the Oldsmobile striking the driver, once in each arm. The driver continued to try to drive the vehicle. Officer Martin utilized the squad car to push the Oldsmobile to the side of the road against a curb and small hill. Officer Martin exited his vehicle and positioned himself towards the front of the Oldsmobile to give commands and assist in taking the driver into custody. The driver was still revving his engine attempting to get away. Before being removed from the vehicle, the driver, despite being shot in each arm, picked up a bottle of Vodka and started drinking it. Eventually Officer Martin was able to convince the driver to exit the vehicle. He was identified as Nicholas Warner. He was removed from the vehicle, provided medical treatment and transport to Genesis. Warner was later flown to University of Iowa Hospital for further treatment.
While in the ambulance, Warner made statements about consuming alcohol and using crack cocaine. Warner tested positive for cocaine, and an alcohol level of .072, several hours after being medically transported from the scene. A search warrant was later executed on the Oldsmobile which revealed a baggy of crack cocaine and identified the bottle of vodka. Warner has a prior OWI conviction. Warner was released from U of I Hospital prior to charges being filed. Warrants are pending for the above referenced charges.
Conclusion Regarding Use of Force:
The evidence shows Officer Bytner’s use of force was reasonable under the circumstances. It was necessary to resist deadly force and to avoid injury or death to himself, other officers, and the community.