Crime & Safety

UPDATE: Urbandale Man Facing Charges After Police Use Taser on Autistic Son in Johnston Incident

The incident occurred Friday at Wynnsong Theaters in Johnston after officers responded to a call of a fight between two teens. Police release more details from their report into how the fight started.

An Urbandale man faces charges of assaulting a police officer and his 15-year-old autistic son is being held in a juvenile facility following a fight at a Johnston movie theater that escalated into officers using a Taser on the teen.

According to a incident report, officers were called to a fight at shortly before 10 p.m. Friday.

Theater managers had reported that two teen were fighting. When the two female managers stepped in to break up the fight, one teen made threatening statements and refused to leave the theater, police alleged.Β 

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The initial fight began when one teen believe the other had stolen his wallet, according to the police report.Β 

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When an officer entered the theater, the report said he was attacked by a 15-year-old boy. Juvenile authorities who have the youth in custody said he is 5 feet 8 inches tall and weighs 200 pounds,Β physically bigger than the responding officer.

The officer, Cale McClain, used the emergency button on his portable radio.

"The only radio transmission I could hear was 'stop resisting, stop fighting'," Officer Jeremy Christensen wrote in the police report.

As he entered the lobby area of the theater, Christensen saw McClain laying on top of the teenager, who was laying on his back.Β McClain told Christensen that he believed his right hand was broken.

After further struggle officers were able to calm the teenager, but he would not place his hands behind his back, the report said.

In a camera phone video shot by a witness, Officer McClain can be seen unable to use his hand as he and Christensen attempt to calm the teen.Β 

The police have not released the video to the public because the investigation is ongoing.Β 

Witnesses Shoot Video, Call Teen's Parents

Throughout the struggle the boy was screaming and yelling.

"Onlookers were also attempting to calm (the youth) down and were yelling at us that he was autistic," the report said.

According to the University of Iowa’s center for autism, it is a development disability that affects verbal and non-verbal communication and social interaction. An autistic person has unusual responses to sensory experiences,the university website says.

At this time a Polk County Sheriff's deputy arrived at the movie theater, according to the Johnston police report.

The juvenile became upset again, but was calmed. The report said he agreed to have officers help him walk outside, but after taking three steps the youth again became aggravated, thrashed his arms and attempted to pull away, the report said. At this time a second Polk County deputy arrives.Β 

Officers then placed the teen on the floor, where he continued to thrash around and would not comply with orders. A Polk County Sheriff’s deputy at that point shot the teen with with a Taser, the guns prongs struck his torso and leg, the report said. The boy was then handcuffed.

Polk County Deputy Uses Taser

Sgt. Jana Rooker with the Polk County Sheriff's Office said Thursday reports were not being released at this time under the direction of the county attorney's office.Β 

"From what we've seen from reports and video available it appears the officers' actions were within policy," she said.Β 

Johnston Patch was left a message with the county attorney's office seeking comment, but has not yet received a response.

The ongoing investigation has so far shown no wrongdoing on the part of police officers at the scene, said Lt. Lynn Aswegan with the Johnston Police Department.

He said over the course of the nearly ten-minute altercation officers asked the teen to calm down nine times, to stop resisting 15 times and to get down and stay down at least seven times.Β 

"This was a reasonable and justified decision," Aswegan said. "It was the least aggressive measure to get the teen under control and address the situation."Β 

Aswegan said the scuffle put the teen, officers and a lobby full of people in danger.Β 

Aswegan said officers are treained on how to interact with people with mental disabilities or issues, but not specifically on how to deal with people who are autistic.Β 

"We don't believe that they did anything that training would make them do differently," he said.Β 

Father of Teen Arrested, Too

The youth's parents arrived at the theater and the boy’s father, David Theodore Pilmer, 50, allegedly began to fight with Polk County Sheriff officials, the police report said.

David Pilmer was arrested and taken to the Polk County Jail, where he was charged with interference with official acts with injury. He was released the following day.

Officer McClain was taken to Mercy Medical Center for treatment of his broken hand.

A Taser probe was removed from the juvenile by Johnston medics before he was taken to a juvenile detention center, where he remains in custody.

The teen was charged with assault with intent of injury to a peace officer, disorderly conduct, assault, interference with official acts. He was also charged with theft for allegedly stealing the wallet of a 15-year-old at the theater, which began the conflict, according to police.

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