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tv   KCCI 8 News This Morning at 430am  Me-TV  October 21, 2015 4:30am-5:00am CDT

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50 up the names. 57 and carroll appeared cool air is going to moving into the state behind the cold front. when the ship and a chance for rain. this morning, the showers are mainly across nebraska. grab the umbrella in case the showers make it in here by noontime. temperatures will still be mild. headed for 72 degrees. elizabeth: first at 4:30 new video shows the moment a des moines police officer shot a man through the window of her squad car. shaina: 28-year-old ryan bolinger was shot and killed at the end of a bizarre interaction with police on merle hay road june 9. bolinger pulled up next to an officer on a traffic stop blocking traffic on merle hay , road. the officer told him to move his car several times before bolinger took off driving erratically during a two and a half minute low speed chase. it ended when bolinger stopped his car in the middle of merle
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vanessa miller's window. >> we are running. we are running. we are running. shots fired. shots fired. shots fired. shaina: tuesday chief dana wingert defended his department's internal review process that concluded officer miller a seven year veteran was justified in shooting bolinger a , -- shooting bolinger, a west des moines man who turned out to be unarmed. elizabeth: kcci's mark tauscheck spoke with chief wingert. >> this was not a routine traffic stop by any means there -- by any means. there were a lot of factors that contributed to that defining moment when that shot was fired. mark: des moines police chief dana wingert says he can't remember a time a des moines officer had ever fired through a window before. but says that indicates his officer was startled and fearful for her safety when she saw the suspect at her window. >> to remain in the squad car is truly a tactful disadvantage,
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with all that equipment there's , no place to go. mark: in the video you can see bolinger exit his car within 3 seconds, he is at officer vanessa miller's window. after she shoots bolinger you can hear her tell the other officer at the scene. he came up and peeped right in -- >> he came up and people right in my window. mark: in this case officer miller felt trapped in that vehicle as he is right at the drivers door chief wingert says not seeing a weapon doesn't mean there is no weapon. >> she wasn't able to make that assessment on whether or not he had a weapon now after the fact we all know that is the case but in that moment she didn't know and she reacted based on what she knew in that moment. mark: wingert says after an internal review it was concluded there was no violation of department policy, and officer miller handled the situation as a reasonable person would handle the situation a criteria from the iowa codes. i asked why the criteria is for that of a reasonable person and
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>> reasonable person standard applies to police officers and the average citizen police officers are not robots we have fear emotion all those things a normal person has. elizabeth: ryan bolinger's family has requested privacy. but their attorney told kcci they never expected the des moines police to find that one of their own did anything wrong. they also told us that the family has requested the entire investigation file from the police before considering their next legal step. officer miller has been cleared to return to the department but is still on paid personal leave. as you can imagine we have received a lot of feedback on this story from all sides. so we went to drake law professor bob rigg, a former defense attorney for his take on this question. if it was you or me involved in a similar situation instead of a police officer would the law treat us the same? he says the law is actually tougher on the police officer. >> you look at the police
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officer probably a little differently because of their training. police officers go to a law enforcement academy. part of that instruction part of that training is how to use deadly force. when to employ firearms and how to use them. elizabeth: a prominent des moines defense attorney says it is highly likely the bolinger family will file a civil lawsuit . ryan bolinger's family has hired brett beattie a personal injury attorney. shaina: what is the jury thinking? that's the big question after it failed for the second full-day to reach a verdict in the attempted-murder trial of pete polson. one legal expert we spoke with says it's the tricky intoxication defense which may have the jurors stumped. kcci's todd magel has more. >> never ever predict what a jury is going to do. todd: after 40 years in the legal system drake university law professor bob rigg knows a thing or two about trials and juries. >> keep in mind the verdict has , to be unanimous and trying to get 12 people to agree on anything is pretty difficult
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anymore. todd: rigg has been closely watching the attempted murder trial of pete polson. he's accused of shooting three random people on a chilly morning a year ago in pleasant hill. his defense? he says he was high on meth. police charged polson with 9 different crimes. and that may be bogging down the jury. >> when you have 9 counts it's like having nine separate little trials. todd: today the jury asked the judge 5 different questions during their deliberations clearing indicating their , inability to come to agreement. questions about mental capacity , unanimous verdicts, premeditated murder and intoxication. rigg says using the intoxication defense doesn't always work. >> it requires such an extreme level of intoxication that people find it hard to identify with. todd: but judging by the number of questions it appears it's on the minds of jurors. and one of polson's shooting victims says he wonders about it too. >> letting them go through the process, i'm sure that there's a lot to digest and we're just going to sit back and hope that everything goes the way it
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should. shaina: professor rigg says it's possible a juror could know someone who has taken drugs and would be more sympathetic to the drug defense. we'll be watching for the verdict again today. the federal trial of two former ron paul 2012 campaign aides is now also in the hands of a jury after closing arguments tuesday. jesse benton and dmitri kesari are cused of making secret payments to former iowa state senator kent sorenson. he switched from the michele bachmann campaign to ron paul's just before the 2012 iowa caucuses. elizabeth: newton police say a driver intentionally hit a man then a car multiple times. 50-year-old john britton faces multiple charges including three counts of attempted murder after two crashes monday night. officers say britton first hit a 25-year-old man. that victim suffered non-life threatening injuries. a short time later police say he crashed into a car multiple times. a 50-year-old woman and 5-month-old child in the car weren't seriously hurt.
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investigation. an iowa state basketball staff member is in the story county jail right now. court records show 27-year-old tim mannix was arrested on contempt of court charges. he was charged with owi in may and pleaded guilty in july. mannix was supposed to spend two days in jail and pay a fine before october 17. mannix is in his second year as a grad assistant with the men's basketball team. shaina: it is still pretty warm out there. a nice morning, metinka. metinka: this is warmer than where we should find ourselves in the afternoon. up to the north, you are going to see temperatures changing to 50 degrees in fort dodge and ames. we are watching an area of rain, but this time it is across
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it is still west of omaha. grab the umbrella just in case. by last time, we could see a few showers here across iowa. we have cooler air headed our way plus more rain chances. >> we are incredibly grateful to live in a community like this . shaina: an ames 5-year-old's bicycle is stolen. but from the police officer who would not give up to a bike shop , owner who never met the kid, the ames community really came together to get him back in the bike saddle. our vanessa peng has the heart warming story. >> can't get my foot all the way up here. vanessa: fionn coppoc's version of justice comes on two wheels . he doesn't need the other two anymore. >> i can ride it without training wheels. i just learned how to do it. vanessa: a few days ago the 5-year-old's new bike wasn't even in one piece his mom noticed his old bike was stolen.
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fionn knew what to do. >> i had an idea to call the police. vanessa: so mom called ames police officer vince junior came with his notepad and sympathy. >> he drew like some arrows like a crime scene where the bike was stolen from. so there i thought that was kind of cool, sparked my interest. i started talking to him. vanessa: juniors got a soft spot. >> i might be a softy, a little bit. vanessa: he went to look for a new bike for fionn at skunk river cycles on main street. the ames bicycle shop donates bikes all the time to local charities. >> the manager ron he's like you know i do have one bike and it's out in my warehouse give me 15 minutes. vanessa: and the giving cycle keeps rolling. people over at skunk river fix up bikes that are donated to
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them to give to those in need. >> we needed a few parts for it and we happened to get a couple other salvaged bikes in 20 minutes of a little bit of adjusting and reinflating of tires and adjusting breaks and so forth somebody got a really cool bike. vanessa: fionn is a young man of few words but if you look at that smile it appears he agrees that is one really cool bike. >> we are incredibly grateful to live in a community like this 36 -- community like this. and incredibly grateful to officer vince and to the ames police department for facilitating an environment where police officers can do that kind of work where that's encouraged. vanessa: officer junior even hand delivered the bike to fionn's house and even gave him some of these stickers that look like this. fionn stuck one of these on the front of his bike. in ames, vanessa peng, kcci 8 news. elizabeth: still ahead on kcci speaker candidate. the representative that said he
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what he wants to change first. >> this is iowa's news leader. this is kcci 8 news this morning with eric hanson, elizabeth klinge, meteorologist kurtis gertz and right now coverage with shaina humphries. metinka: good morning. you're waking up to another warm start with temperatures in the 50's. above the average highs today. 56 degrees in sioux city. here in des moines, we are sitting at 65. we have that south wind, that will be switching over to the northwest.
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a few showers today. grab the umbrella just in case. the temperatures are still trending downward over the next several days. by the end of the weekend, it is going to feel like october with temperatures back in the 50's. we have a cooling trend and chances of rain in your 8-day forecast. shaina: the u.s. house of representatives may have found a new speaker. wisconsin congressman paul ryan says he will make a decision in the next week. he told house republicans he is willing to serve as speaker but only with some conditions. >> i show my colleagues what i think success looks like. what i think it takes to unify and lead, and how my family commitments come first. i've left this decision in their hands. should they agree with these requests, then i am happy and willing to get to work. shaina: the 45-year-old says he will only run if he is supported
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republican conference. ryan also wants to make it more difficult to overthrow a sitting speaker. >> i am withdrawing from any consideration of being the democratic party's nominee for the presidency. elizabeth: jim webb drops out. the former virginia senator now says he is considering a third-party run for president. he polled poorly and was also critical of the democratic party's strategy and support they gave him during his run. shaina: on the republican side , -- on the republican side, new poll numbers show donald trump and ben carson standing alone at the top of the field. the cnn/orc poll finds carson gaining eight points, joining trump, as the only two candidates with support above 20%. meantime carly fiorina lost 11 points, declining from 15% support to 4%. trump is expected to draw a huge crowd here in iowa today. his make america great again rally is set for 6:00 p.m.
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in burlington. elizabeth: young voters debated the most important damn issue last night downtown at the des moines social club. the mock caucus is part of the give a damn campaign hosted by the des moines register. the simpson college debate team chose the top 10 issues this election cycle and debated them in front of the group. in the last election more than 80% of young people did not caucus. event organizers hope that will change in 2016. >> elections matter and politics matter. and even though it is super divisive and annoying and hard to watch and listen to, they need to get involved. otherwise, nothing would ever happen and they'll just complain on facebook. elizabeth: among the issues debated, nitrates in farming, public transportation and religious freedom. but a write-in topic equal pay for women ended up being voted as the most important issue this election cycle.
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we going for a perfect high of and 42nd street. just a few people inching along
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2015 vehicles in stock. or, get 0% financing for 72 months on these remaining 2015 chevy vehicles. the republicans finally admit it. >>"republican kevin mccarthy saying ...the committee investigating benghazi and clinton's emails was created to destroy her candidacy..." "everybody thought hillary clinton was unbeatable, right? but we put together a benghazi special committee... what are her numbers today?" republicans have spent millions attacking hillary... ...because she's fighting for everything they oppose... ...from affordable health care. equal pay... she'll never stop fighting for you. and the republicans know it. >>i'm hillary clinton and i approved this message. >> weather is never more than 5 minutes away, only on kcci 8 news this morning. metinka: good morning. you are waking up to another warm morning.
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we could have a shower later so grab the umbrella. by noon, readings will be in the upper 60's. heading for the low 70's later today. we have a chance for a couple of passing showers. some cool air is working into the state. temperatures falling back into the 50's. low to mid 60's for the southern half of the state. we are tracking a few showers to the west of omaha, back through lincoln, nebraska. we are expecting these to arrive in a couple of hours. this is along a cold front that is going to be sliding through the state today. it will bring in cooler air. just a few light showers are possible mainly across the southern half of the state. as we go through thursday, the clouds continue to thicken. a few showers on your thursday,
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it looks to be an all-day event. the cloud cover is going to be great today. although the warmest readings are going to be shipped off to the south. by the end of the weekend, highs could be back into the 50's, where they will be long. 65 in des moines. a beautiful start to our wednesday. a cooler breeze today. headed for a comfortable 72 degrees. overnight with that northwest wind, we will have it turning colder. clouds will linger across the area. tomorrow, 67. a widespread rainfall expected tomorrow with an east wind. highs in the mid-60's. some decent rainfall on friday. over the weekend, the system moves out.
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next week, tim just continue to cool back down. -- next week, temperatures continue to cool back down. we are counting 21 days and a row without rain in des moines. -- 21 days in a row without rain in des moines. shaina: good news for kansas city fans this morning. just one more game stands in between the royals and the world series. facing the toronto blue jays in game 4 of the alcs last night the royals got on the scoreboard fast and early. going up 4-0 after just a half an inning. and the scoring did not let up. alcides escobar went 2 for 3 on the night with 4 rbi's and lorenzo cain had a big night as well 2 for 3 at the plate with 3 rbi's. the royals went on to win an impressive 14 to 2. one more win today will put them in the world series. first pitch in toronto is at 3pm -- is at 3:00 p.m. on fox sports one. elizabeth: the chicago cubs really needed a win last night in game 3 of the nlcs but
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the cubs kept it close early in the game. kyle schwarber with a bomb in score at one. but the mets finished the game strong. final score there at wrigley field, five to two, mets. they now lead the series 3 to 0. there was a mini wrigley field going on last night at principal park. hundreds of fans showed up to the park to cheer on the cubs for the second time this post-season. despite the loss fans say they enjoyed being around friends and fellow fans. the cubs will get one more shot to win tonight in chicago. game four of the nlcs starts at 7:00 p.m. you can watch it on tbs. shaina: still ahead rebuilding for recovery.
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life is good. no, great. i'm like, a man. only better. but even though i know everything, i still feel like you could surprise me. like that skateboard incident with the squirrel. but life is sweet now. hey, what could go wrong? it's you and me all the way, future.
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metinka: good morning. it is a beautiful start here it quite -- start. quite a few clouds. it is an unseasonably warm morning up there. headed for 72 degrees. we will have a few showers moving through. the wind is going to be shifting northwest. that wind will be bringing in cooler temps. more rain is on the way by late thursday into friday, we'll have a better chance for rainfall. the weather dries backup for the weekend. next week, more rain, plus cooler temperatures.
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it was tough taking it all in. shaina: doctors say a des moines man will never walk again, after a tragic atv accident. elizabeth: kcci's laura terrell shows us how family and friends are hoping to ease his pain. laura: this is video captured by a witness seconds before theo erickson was air lifted to the hospital, september 6. >> come on, buddy. laura: an atv accident in winterset left the 27-year-old father. paralyzed. >> it wounded up crushing his vertebrae and he had to lay there for quite a while until somebody finally found him. laura: this is what theo looks like today recovering in a nebraska hospital. >> at first i didn't believe it. he actually had to video call me for me to believe it because he is kind of a jokester but definitely wasn't joking. laura: doctors told theo's family he won't regain feeling below his chest. dealing with the reality that he'll never be able to carry his
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lawnscaping business theo's family and friends. >> essentially everything is going to come off the front. laura: decided to raise money to remodel his house. >> the doorway isn't even wide enough for him to get in the house. laura: and make it handicap accessible. >> all the little tiny things that we take for granted. just being able to get yourself to the sink to brush your teeth is a struggle for him. laura: they've set up a gofundme page and are already seeing the generosity of loved ones and strangers. >> you always think that it's going to happen to somebody else. never to you or one of your loved ones. elizabeth: if you'd like to donate we have a link to theo erickson's gofundme page on our website his family says they hope theo will get to come home in a few weeks. shaina: coming up in the next full hour of kcci, overnight chase. what caused an officer to wreck his cruiser. plus defending decisions. why the des moines police department say they are defending one of their own.
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