Handled this situation consistently with how a reasonable person would think and act in that same situation. In this case, miller felt trapped in that vehicle. That is something that does not generally happen to a Police Officer, certainly not something we expect. Mark bolingers family has requested privacy but their attorney told kcci that they never expected the dsm the Des Moines Police to find did anything wrong. He told me this morning the family has requested the entire investigation file from the police before considering their next legal step. Officer Vanessa Miller has been cleared to return to the department but is still on paid personal leave. Steve we were wondering would , the same standard of conduct that cleared officer miller, apply to an ordinary citizen who did the same thing, in the same kccis Marcus Mcintosh investigated that question. Marcus we spoke with two des moines attorneys to find out what they think would be the case if miller was not a Police Officer. There is no disputing that june 9 of this year officer Vanessa Miller shot and killed ryan bolinger. A grand jury did not indict her. And the Des Moines Police department cleared her. But if an ordinary citizen was in a similar situation . Defense attorney Angela Campbell is sure of one thing. A citizen would have been charged and maybe or maybe not it would have made its was made its way through the system and maybe or maybe not been convicted in the end. Marcus attorney bob rigg says it may be the result of the police being under a lot more scrutiny than an average citizen. You look at the Police Officer a little bit differently probably 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. Marcus an internal Police Review determined millers actions are consistent with what a reasonable person would do in that situation a grand jury also declined to indict officer miller. A process campbell finds troubling. My problem with the process is we have the local prosecuting agency making decisions about whether or not to prosecute a local Police Officer. I just think that is inappropriate. There should have been an independent prosecutor involved. Marcus both brigg and campbell say it is highly likely the bolinger family will file a civil lawsuit. Ryan bolingers family has hired brett beattie, a personal injury attorney. Marcus mcintosh kcci 8 news, iowas news leader. Stacey a newton man is behind bars tonight. Hes charged with trying to kill several people with his car. John britton is charged with attempted murder, reckless driving and leaving the scene of an accident. You did police say britton hit one man with his vehicle just before 10 00 last night. That man suffered nonlife threatening injuries. They say he then hit another vehicle on the road several times. The woman and 5monthold child inside that vehicle were not hurt. Officers say britton communicated his intentions were to kill his victims. A second full day of deliberations, and still no verdict in the pete polson attempted murder trial. Police say he went on a shooting spree in Pleasant Hill last november, injuring two people. Kccis kim st onge back from the polk county courthouse. Kim, is the jury giving any indication why it is taking so long . What is going through their hours of deliberating. Pete polson was back in court tuesday, but not to hear a verdict. The question is time is do we count . What if we are not unanimous on some counts but are on others . Questions jurors asked. Others ranged from whether attempted murder requires premeditation or motive, to wanting clarification on the terms sufficient mental capacity, mental disability, and intoxication. Polson and his attorney, along with the prosecuting attorney all discussed the questions, agreeing the jurors should reread the instructions they were given before deliberating. Mark mitchell is one of the 3 victims who has been waiting at the courthouse to hear the decision. He says hes surprised there hasnt been a verdict but is trying not to read too much into it. Theres a lot of evidence. We believe he did it and he pretty much admitted he did it so i mean i mean, its out of our hands now. We have just got to let them decide. Kim polson is facing 9 charges, including 3 counts of attempted murder. Jurors will be back tomorrow to continue deliberating. Live in studio, kim st. Onge, kcci 8 news, iowas news leader. Stacey at the federal courthouse in des moines, the ron paul for president aides jesse benton and dmitri kesari. Prosecutors say both men helped iowa state senator Kent Sorenson to change his support from the Michele Bachmann campaign to the ron paul campaign. Came and went this afternoon. Kurtis gertz has a first look at your forecast. Kurtis nice to get a little rain out there and knock down the dust. It is turning out to be a gorgeous evening with some thundershowers. We are going to stay that way for the evening hour. Dry spell comes to an end, two hundredths here in the metro. Three hundredths in ottumwa. Not a whole lot of rain, but a thundershowers now and again. Mild temperatures for this time of year, near 70 degrees. Were back up into the 70s could squeeze out a couple showers. Enjoy the mild readings. It is going to get colder. We go from 70s to the 60s. Steve iowas Unemployment Rate went back down last month. It now stands that 3. 6 . Thats down slightly from august, when it was 3. 7 . Iowa is now tied with utah for the 6th lowest Unemployment Rate in the nation. In the midwest only nebraska and , south dakota have lower Unemployment Rates than iowa. Stacey Google Express is expanding to central iowa. The Service Allows customers to shop at stores like toys r us, barnes and noble, or costco online, and Google Express will day. Google expresss footprint right now is mostly eastern and the map, that includes des the Service Costs 95 a year. Steve a war of words now going on between democratic president ial candidate Hillary Clinton and governor branstad over plans to privatize iowas medicaid program. In a post on medium. Com, clinton says that branstads plan puts iowans in jeopardy. She also questioned the claim that tens of millions of dollars will be saved with his plan. The governor calls clintons claims tired, old, and a partisan attack. Stacey the cubs are in game three of the nlcs. Were live at Wrigley Field. And well show you the next best thing for des moines cubs fans right here in town. Sitting still in these seats is no easy task. Well show you the kindergarten class that wouldnt have it any other way. Steve and it may seem like a small crime. But see how a stolen bicycle of ames have. Tt2watx gt p bt que, tt2watx gt p a qeih tt2watx gt p bm qnbd tt4watx gt r dztq z\x tt4watx gt r entq x8 tt4watx gt r gzt 3 welcome to subway, what can i make for you . Youll love our new rotisseriestyle chicken. 100 white meat, herbseasoned pulled chicken, fresh toasted with melty cheese n crisp veggies on freshly baked bread. Enjoy it while its here subway. Eat fresh. Announcer this is iowas news leader. This is kcci 8 news at 6 00 with kevin cooney, stacey horst, chief meteorologist john mclaughlin, and iowas sportscaster of the year andy we are incredibly grateful to live in a Community Like this. Steve k. Steve is a bicycle owned by and ames fiveyearold is stolen. From the Police Officer who wouldnt 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. Vanessa sin finn cocppocs version of justice comes on two other two anymore. I can ride it without training wheels. Vanessa a few days ago, the 5yearolds new bike wasnt even in one piece, his mom, noticed his old bike was stolen. Fionn knew what to do. I had an idea to call the police. Vanessa so mom called ames police. His notepad and sympathy. Was stolen from so there i thought that was kind of cool, sparked my interest. I started talking to him. Vanessa junior has got a soft spot, so he went to look for a new bike for finn at skunk river cycles on main street. The ames bicycle shop donates bikes all the time to local charities. The manager ron, hes like you know, i do have one bike and , its 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 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 brakes and so forth, somebody got a really cool bike. Vanessa finn is a young man of few words, but if you look at 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 thats encouraged. Vanessa officer junior even hand delviered the bike to finns 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, iowas news leader. Steve a des moines teacher goes way above and beyond to help her students learn. Walnut Street School kindergarten teacher, kara pulley, raised 2000 to outfit her whole class with ball chairs. Recent studies show that allowing kids to move around during the day actually helps improve focus, which can lead to higher grades. Mrs. Pulley says her students are indeed now more focused and engaged. She has even noticed improvement in their posture. Stacey i think we could use some chairs like that. Kurtis the bosses watching the 70 degrees out there. It is very mild for this time of year. We did have some rain today. Two hundredths of an inch. Again, beautiful. 69 at 7 00 p. M. 10 00 p. M. Temperature this time high. Noon, 70 degrees. 3 00 p. M. , 74. Super doppler 8, we will stay dry in the metro. Some Thunder Showers on a line from cedar rapids to iowa city. It is now cruising through marengo and williamsburg. Picking up on the university of iowa campus. You can see lightning tracker strike. The rain moving out. Rain. It looks like the beginning of the game will be dry, but i think by that seventh or eighth inning they will probably have some rain moving on in. Next system for us out to the drop in. Again, you may see an isolated especially to the southwest. We will be this front later in the day. It will still be pretty mild out there. The rain moving out of eastern iowa. Tomorrow, midday a chance for a few showers. This moves on out. Looks like mostly clear skies overnight. That thursday, i think this will be split in half. Sunshine to the north. That all moves on out. Then we look to the west. A couple of waves of energy move on through. I think we could have a round early and a round towards the evening our. Temperatures tonight dipping down to 59 degrees. South winds at 510. Tomorrow, a chance for a few showers. They wont amount to much for we could get an isolated shower. Sunshine north. Friday, 67 degrees. A consensus anywhere from about 2 10 to 6 10 of an inch of rain on friday. 60s on saturday and sunday. The general trend is for colder air. Stacey chicago cubs fans who couldnt make it to Wrigley Field for game 3 in the nlcs might want to think about heading to principal park tonight. The iowa cubs are holding an open house tonight, complete with the chicago cubs game on the big screen. The iowa cubs held a similar open house for the cubs wildcard game against Pittsburgh Pirates on october 7. More than 2000 people were there to cheer on a cubs win. That looks like a lot of fun. Sports. All of the eyes are on the cubs. Announcer from iowas sports leader, this is kcci 8 sports. Tony welcome back. There is no place like home. Hopefully that is the case for the chicago cubs. Right now they trailed 2 games to zero against chicago. Andy it certainly is important to be back here in front of the home fans and they are expecting a sellout crowd. Live outside Wrigley Field where 42,000 plus are already starting to fire land. John q sack just made his way in. John qcusack just made is where. They lost would put them in a very difficult spot. I asked Kyle Schwarber earlier today about the pressure going into this near must win game. Were going to stay the same ballclub. We have had success all year, why change now . Things didnt go away last two games, thats why it is a sevengame series. They beat us but it is not nearly over with. We are really good. I had a lot of faith in our guys. They pitched extremely well. Their command of their pitches, what they did was spectacular. I have a real struggle a system that our guys. Andy schwarber one of 15 guys on the cubs roster who spark who spent part of this year as an iowa cubs. These players have helped accelerate what was a plan to get them to the world series in 2016. We are about 40 minutes away from first pitch here. The cubs taking on the mats. Jacob degrom for the mats, Kyle Hendricks for the cubs. Live outside wrigley, andy garman, iowas sports leader. Hunt. Game three, up 21. That is Kendrys Morales with the r. B. I. A wild pitch and it brings a run in. Last check in the eighth inning, look at this number. They are up 12 p2 122 in the eighth. Isu is in the thick of probably the toughest threegame series. They played texas tech, tcu, and now they play baylor, the Number One Team in the country when it comes to running up the score. Isu is hoping these last few games gives them a shot on saturday. Theyre often supplied line is pretty dang good. Might even say exceptional. There is carryover and there is tony kick is that 11 00 a. M. The hawkeyes are undefeated and taking a breather this week. They have a bye on saturday next back home takingkurtis beautiful night. Range is on friday, 60s for the weekend. Stacey we will be back at 10 00