Probe into IC police shooting concludes, no charges filed

BY DI STAFF | DECEMBER 13, 2011 7:20 AM

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An officer placed on paid leave after firing his handgun during a welfare check last week will have no charges filed against him, according to Johnson County officials.

The investigation — conducted jointly by the Johnson County Attorney's Office and the Iowa Division of Criminal Investigation — was concluded with no charges being filed against either the subject or the officer who fired on him, said Iowa City police Sgt. Denise Brotherton.

The results come after Officer Alirio Arcenas arrived at the home of Chad Newmire, 21, early on the morning of Dec. 4 to conduct a welfare check after an emergency call by Newmire's mother, who said Newmire had sent despondent text messages to her and others.

Newmire advised Arcenas that he had a loaded, 9-mm handgun in the waistband of his pants.

Newmire then negotiated with Arcenas and other officers for approximately 40 minutes before he reached for his waistband, prompting Arcenas to fire his handgun, another officer to fire less-lethal bean bag rounds from a 12-gauge shotgun, and a third officer to deploy a Taser toward Newmire.

Brotherton said Johnson County prosecutor Janet Lyness determined Arcenas' use of his standard-issue .40-caliber handgun by was justified, given the circumstances.

Newmire was transported to the University of Iowa Hospitals and Clinics, where he received treatment for injuries Brotherton described as "not life-threatening."

Brotherton also said that, with the conclusion of the investigation, Arcenas has returned to active duty.

— by Matt Starns

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