Video of Des Moines police killing 16-year-old will remain confidential, state board rules

Body camera footage showing Des Moines Police officers shoot and kill a 16-year-old in December will not be released, the Iowa Public Information Board ruled last week.

The board on Thursday dismissed a complaint filed by local TV station KCCI because the footage involves a minor, making it confidential under an Iowa code that protects records and files concerning "a child involved in a delinquent act." Three Des Moines police officers killed the 16-year-old Dec. 26 in an apartment on the south side after he allegedly pointed a gun at them.

KCCI chief investigative reporter James Stratton filed the complaint to the Iowa Public Information Board in February after the Des Moines Police Department declined to release the footage, citing Iowa's juvenile records laws, which says they are kept confidential unless the minor is charged as an adult.

The scene outside 400 E. McKinley Ave., on Dec. 26, 2022, where Des Moines police fatally shot a 16-year-old who they said pointed a gun at them.
The scene outside 400 E. McKinley Ave., on Dec. 26, 2022, where Des Moines police fatally shot a 16-year-old who they said pointed a gun at them.

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Stratton argued the video should not be withheld because the law only would apply to a juvenile who "enters the criminal justice system, which, because of the juvenile’s death, cannot occur here," according to the complaint. He also argued the department could blur the teenager's face or remove other identifying information from the video.

According to the board's dismissal, however, any record that belongs to a criminal or juvenile justice agency, an intake officer or a juvenile court officer and involves a minor in a delinquent act is kept sealed.

In January, the Iowa Attorney General's office ruled the officers who fatally shot the teen "acted with legal justification." The office, led by Attorney General Brenna Bird, based its ruling on interviews with the three officers who fired at the boy, a fourth officer and other witnesses, as well as a review of the officers' body camera video.

The Des Moines Police Department that month was set to release the video it had prepared from all four officers' cameras when the city's legal department stepped in.

In March, unsealed court documents filed in the fatal shooting at Starts Right Here, a downtown mentorship program that partners with Des Moines Public Schools, publicly identified the slain teen as Trevontay Jenkins. His half-brother Bravon Tukes, 19, was charged with murder in the Starts Right Here shooting. He is alleged to have driven the getaway car.

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What happened on Dec. 26

According to the attorney general's report, officers Noah Bollinger and Thomas Garcia were dispatched to the complex after 911 operators received a call from Jenkins' stepfather that the teen had pulled a handgun on him.

It said the officers arrived at the apartment complex at 400 E. McKinley Ave at 12:30 a.m. and found him in his grandmother's apartment, near his parents' apartment.

The officers went inside and were joined by Zachary Duitscher and a fourth officer, Nicholas Howard, who entered by breaking through a rear glass door, and negotiated with the 16-year-old for 4 minutes, 20 seconds to drop the weapon. They and family members asked Jenkins more than 70 times to put down the gun and surrender peacefully, but he did not comply, it said.

Jenkins told the officers his brother had just died and "I want to be with my brother" and "I am going to die," the report said. His brother, Brandon Michael Tukes, 23, had been fatally shot Nov. 5 in the Phoenix suburb of Glendale, Arizona, according to police there.

Brandon Tukes is seen in this undated photo. Tukes would be shot and killed in November in Glendale.
Brandon Tukes is seen in this undated photo. Tukes would be shot and killed in November in Glendale.

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The report said the teenager told the officers he would keep the gun, and raised it above his waist three times during the confrontation. It said the officers would have been justified in firing during any of those movements.

His grandmother and one of his friends were in the room when he started raising his gun again toward Duitscher and Howard, the report said. Duitscher, Bollinger and Garcia, who were as close as 3 feet from Jenkins, shot him 14 times in the chest, abdomen and head.

The report said the head wounds apparently occurred as Jenkins fell and he did not fire his gun, nor did the fourth officer, Howard.

The officers attempted life-saving measures and took Jenkins to a hospital, where he died.

Noelle Alviz-Gransee is a breaking news reporter at the Des Moines Register. Follow her on Twitter @NoelleHannika or email her at NAlvizGransee@registermedia.com.

This article originally appeared on Des Moines Register: Video of Des Moines police killing 16-year-old remains confidential