SIOUX FALLS, S.D. (KELO) – The Iowa Attorney General’s Office concludes that two Iowa state troopers won’t face criminal charges for a fatal shooting in Storm Lake in January.
In a report by the AG’s office, after a 19-hour standoff on January 27, investigators found troopers Spencer Baltes and Tanner Howard legally justified to use deadly force against Daniel Joseph James Palenik. To be justified, the force of an officer must be reasonable, the report said.
The incident started as a traffic stop and ended in deadly fire. According to a news release, the Iowa Division of Criminal Investigation concluded that Palenik put the public and the troopers at risk by making it clear that he would use deadly force against any law enforcement officer doing their job. This was over the course of 19 hours, the release noted.
The report says all attempts to use less-than lethal force were made. Troopers shot Palenik after hours of communication, which were only met by Palenik’s violent response of gunfire, the report said. According to the press release, Palenik fired nearly 120 shots at officers over the 19-hour standoff.
Authorities say the criminal investigation into this incident is closed.
According to the report, on January 26, Palenik was pulled over for drifting between lanes, reaching speeds of 115 mph. Palenik barricaded himself in his home and refused peace with officers, the report said. Many authorities attempted to call Palenik over the phone to communicate, the report said, but it was unsuccessful. Then, law enforcement used an armored vehicle to clear a window to locate Palenik, which prompted Palenik to shoot at officers, the report said. The neighborhood was evacuated after this action.
The report states that after continued attempts of communication for a peaceful resolve, which Palenik responded with gunfire, authorities shot Palenik.
A full investigation of the incident can be found in the report by the Iowa Attorney General’s Office.
