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No Charges After Officer Shoots Suspect

CEDAR RAPIDS, IA (CBS 2/FOX 28) -- Linn County Attorney Jerry Vander Sanden announced Tuesday morning that no charges would be filed against a Cedar Rapids Police Officer that used deadly force against a suspect.
   The case stems from a shooting on November 19th, 2013 at the Advanced Auto Parts Store at 3910 Center Point Road NE in Cedar Rapids.  Just after 7:00am that morning, Officer Zachary McKinstry was sent to the scene.  There, witnesses say 17-year-old Matthew Johnson was damaging a car in a nearby parking lot.
   Johnson allegedly then began breaking glass in order to break into the auto parts store.  The report says when Officer McKinstry arrived, he repeatedly warned Johnson while pointing his weapon at him.  The report says Johnson was within five feet of the officer when he opened fire, shooting Johnson three times.  The officer indicated that he was fearful for his own safety given the suspect's irrational and bizarre behavior.
   The report says Officer McKinstey and other arriving officer immediately began administering first aid to Johnson.  The report says Johnson repeatedly stated, "Kill me, just kill me."
   Johnson was hospitalized for more than a week before he was released.  Johnson told investigators later he did not remember anything from the morning of the shooting.
   As a result, the Linn County Attorney determined that the officer did not commit any wrongdoing and no criminal charges will be filed.  The findings determine that he was justified in drawing his weapon because the suspect allegedly was involved in a physical confrontation with a worker at the store who was calling for help.
   Attorney Vander Sanden says deadly force in this case was reasonably necessary, calling the circumstances a clear and immediate threat to the life and safety of the officer as well as the employee in the store.
   To read the full report from the Linn County Attorney, click here.
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