To remain in the squad car is truly a tactical disadvantage because once youre in that seat with all that equipment theres no place to go. Mark in the video, you can see bolinger if his car. Within 3 seconds hes at officer after she shoots bolinger you can hear her tell the other officer at the scene. Chief wingert says not seeing a weapon doesnt mean there is no weapon. She wasnt able to make that assessment on whether or not he had a weapon. Now after the fact we all know that was the case, but in that moment she didnt know and she reacted based on what she knew in that moment. Mark wingert says after an internal review it was concluded there was no violation of department policy,and officer miller handled the situation as a reasonable person would handle the situation, a criteria from the iowa code. I asked why the criteria is for not a reasonle officer. Reasonable person standard applies to Police Officers and the average citizen. Police officers are not robots. We have fear, emotion, all those things a normal person has. Requested privacy. But their attorney told kcci they never expected the Des Moines Police to find that one of their own did anything wrong. He also told me today that the family has requested the entire investigation file from the police before considering their next legal step. Officer miller has been cleared to return to the department but she is still on paid personal leave. Stacey . Stacey as you can imagine, we have received a lot of feedback on this story from all sides. So we went to drake law Professor Bob rigg, a former defense attorney, for his take on this question. If it was you or me involved in a similar situation instead of a Police Officer, would the law treat us the same . He says the law is actually tougher on the Police Officer. You look at the Police Officer probably a little differently 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. Stacey coming up, why a prominent des moines defense Attorney Says there may be a problem with the process. Look for marcus mcintoshs report, tonight at 6 00. Steve the verdict watch continues in the pete polson trial. Does attempted murder necessitate premeditation . Number 2, does premeditation necessitate motive . Steve today, the jury came back with a lot of questions, but no verdict. Kccis kim st. Onge is live at the polk county courthouse to explain what happened during the jurys 2nd full day of deliberations. Kim the jury came back with 3 sets of questions today, the last of those questions were asked around 3 00 about whether attempted murder required premeditation or motive. Polson sat in the court room today alongside his attorney and the prosecuting attorney to go over those questions. Some of the other questions asked to clarify the definition of intoxication, mental disability, and sufficient mental capacity. And also whether the jury has to , be unanimous on every charge, the note specifically said what if we are not unanimous on some counts, but are on others . The courts answer was to reread one of the 69 instructions the jury was given that pertains to that particular question. This all relates to a november 2014 incident when police say polson went on a shooting rampage, injuring two people. Polson says he was high on methamphetamine at that time and doesnt remember the shooting, but also didnt deny it when the prosecutor pressed him during his testimony. The 3 victims have been waiting have been there and i caught up with one of them. Mark mitchell says hes surprised its taking this long. Just trying not to read too much into it. Letting them go through the process. Im sure that theres a lot to digest and were just gonna sit back and hope that everything goes the way it should. Kim jurors will be back here at the courthouse to continue deliberating tomorrow. Polson faces several charges, attempted murder. If hes found guilty, that could mean more than 100 years in jail. Live outside the polk county courthouse, kim st. Onge, kcci 8 news, iowas news leader. Steve the federal trial of two former ron paul for president 2012 Campaign Aides is now in the hands of a jury after closing arguments today. Jesse benton and Dmitri Kesari are accused of making secret payments to former iowa state senator kent sorenson. Sorenson switched from the Michele Bachmann campaign to ron pauls just before the 2012 iowa caucuses. Stacey Newton Police say a driver intentionally hit a man, then a car multiple times. 50yearold john britton faces multiple charges, including three counts of attempted murder, after two crashes monday night. Officers say britton first hit a 25yearold man. That victim suffered nonlife threatening injuries. A short time later, police say he crashed into a car multiple times. A 50yearold woman and 5monthold child in the car werent seriously hurt. This case is still under investigation. An iowa state basketball staff member is in the story county jail right now. Court records show 27yearold tim mannix was arrested on contempt of court charges. He was charged with owi in may and pleaded guilty in july. Mannix was supposed to spend two days in jail and pay a fine before october 17. Court records say he did not fulfill those requirements. Mannix is in his second year as a graduate assistant with the mens basketball team. Steve the kum and go Convenience Store company is breaking ground right now on a new headquarters in downtown des 92 million moines. The new Krause Gateway Center will be a 5story Glass Building located just north of the pappajohn Sculpture Park in the westdern gateway. The building is expected to be completed by 2018. Stacey after a stretch of really dry weather, parts of our state got some rain today. Kurtis a view like strikes over in tama county. It is going to be absolutely beautiful this evening. We did have some rainfall. It brings an end to our dry spell. Our 20 day stretch rain free coming to an end. Enjoy the evening out there. Temperatures are going to be very comfortable for this time of year. 63 at 10 00 p. M. A chance of a few showers tomorrow, i think a little 3 00 p. M. , 74. Tomorrow, because we have a cool down. 50s on the way next week. Steve lets talk baseball. League championship series is the chicago cubs take on the new york mets at home at Wrigley Field. Sports director andy garman is live at the friendly confines with a preview of tonights very important matchup. Andy the cubs really need this one. Game three of the nlcs. Games are here on the north side chicago, which means chicago when happy Home Field Advantage back to new york. Wiki. About these chicago cubs the the reason the cubs are here now is because of all of the tremendous talent and has come through the morning, including lefthanded slugger kyles warmer. Kyle schwarber. It is a lot of fun. Andy obviously, we also have some iowa fans that made the trip. There is eric hansen with his hand towel they are handing out. First pitch coming up just after 7 00 at Wrigley Field. Coming up at 6 00, we will be live outside the ballpark. It really is a must win game for chicago here at Wrigley Field. Live on the diamond at Wrigley Steve one of the taller cub fans at Wrigley Field tonight. Meanwhile, the Kansas City Royals still lead the alcs 2 games to one, after losing last night to the toronto blue jays. The two teams are playing game 4 right now in toronto. Royals leading 52 in the bottom of the fifth. Stacey next at 5 00, democratic shift. A president ial candidate drops may jump in. How the landscape of the 2016 field could be changing. Stacey plus, speaker standstill. The top job in the house is up for grabs, and tonight a crucial meeting of republican leadership. Who theyre eyeing for the job. Steve and later, challenged by james corden. Why the host of the late late show wants Ellen Degeneres to youre watching kcci 8 news at leader. This is kcci 8 news at 5 00 with steve karlin, stacey horst, and chief meteorologist john mclaughlin. Steve the democratic race for president just lost a candidate but it could be gaining a new one. Stacey former virginia senator jim webb says hes out but Vice President joe biden may be in. Washington this afternoon. Aixa, its a question a lot of people are asking. How close are we to the vice announcement . Aixa speculation is growing that joe biden may be close to entering the president ial race while another democrat dropped out. New polls show Hillary Clinton with a commanding lead in the race for her partys nomination, but the landscape of the democratic field could soon be changing. Vice President Biden as Vice President , ive traveled now over a million, one hundred thousand miles. Aixa amid speculation of a 2016 president ial run, joe biden stayed away from Campaign Talk at a George Washington university forum. Instead, he focused on his relationship with president obama, which he called a genuine friendship, and his camaraderie with congress. V. P. Biden i really respect the members up there, i have a lot of republican friends, i dont think my chief enemy is the republican party. Mr. Webb im stepping aside from the democratic primary process. Aixa jim webb, whose poll numbers have stayed between one between 1 and 2 announced , hes no longer seeking the an independent run. Mr. Webb americans are disgusted by all this talk of republicans and democrats calling each other the enemy, instead of reaching out across the table and finding ways to work together. Aixa during last weeks democratic debate clinton said , the enemies shes most proud of are probably the republicans. Live in washington, aixa diaz, pci 8 kcci 8 news. Stacey new poll numbers show donald trump and ben carson standing alone at the top of the republican field. The cnn orc poll finds carson gaining 8points and joining trump as the only two candidates with support above 20 . Meantime, Carly Fiorina lost 11 points in the last month, declining from 15 support and second place to 4 and a tie for 7th place. Steve right now, House Republicans are meeting to figure out who will be the next speaker of the house. Theyre holding a special closed door meeting to discuss their options. Republican leaders have been encouraging wisconsin congressman paul ryan to run for speaker. Today, he even received a rare endorsement from across the aisle. Senator reid he appears to me to be one of the people over there who can be reasonable. I mean look at some of the other people. Im a paul ryan fan. I dont agree with him on much of what he does. Steve ryan has said repeatedly that he does not want the job. Current House Speaker john boehner is due to leave october 29, but says he will stay until the next speaker is chosen. Stacey new guidelines on when women should start receiving mammograms and how often. The American Cancer Society recommends women at average risk of Breast Cancer start getting annual screenings at age, 45 rather than 40, and switch to every other year at age 55. The update also drops a recommendation for routine physical breast exams by doctors. But for higher risk women, doctors generally recommend more intensive screening. Steve we kind of broke a long, dry spell today. Came to an end. Temperature very mild at 72 degrees. Winds out of the south at 10 and that is keeping the war married place. Iowa city, cedar rapids seeing some thundershowers. Gorgeous evening. Pretty mild start, near 60 degrees at some a. M. In the morning. New tomorrow, 70 degrees. By 3 00 p. M. , that temperature at 74. It ends our dry spell. Noon about 807 inch. A couple other locations. Rainfall now pushing off to the east. It may have an impact. Andy garman was live in chicago. We do have some cloud cover out to the west and that weak boundary good slighted here. The low moves northeast even in behind the front, fairly mild. Heres futurecast. Evening rain moving off. Overnight, clouds slowly increase. Around 10 00 we could get an isolated shower. I think a better chance in southwestern iowa. Thursday, i think the farther north the more sunshine. A couple waves of rain hanging around the noon hour in the metro. Another round of rain as we slacken through friday evening. South winds 510. A little better chance of the south and southwest. A day forecast, thursday, 67. Looks like rain is likely on friday. Inch. 64 on sunday. Cooler 40s and 50s next week. Steve taking a look at traffic, really nothing to look at. Couple of spots on i235, but right now, things are looking good. To the west mixmaster, 10 minutes. Off to the east, it is normal at 6 minutes. Stacey now is now a look at 6 00. Marcus a des moines Police Officers actions ruled consistent with what a reasonable person would do in that situation. Find out what Defense Attorneys say would happen if it was a citizen who pulled the trigger. Vanessa a fiveyearolds bike is stolen. Im vanessa peng, ill show you how his community, here in ames, bike for long. Tt2watx n4 p bt`n3 tt2watx n4 p a`n d tt2watx n4 p bm`n h tt4watx n4 r dzlq k hard, and you do your part, you should be able to get ahead and stay ahead. But the republicans. They want to go back to letting the super wealthy call the shots. They dont stand up for equal pay for women. They dont support paid family leave. They dont even really support refinancing student debt. Weve got to get this economy working for the vast majority of americans, not just for those at the top. Thats what i intend to do as president. Steve today in the buzz, challenged by james corden. Stacey did you see this today . Late late show host james corden visited the ellen show and invited her to be the only nonsinger he would ever have for his carpool karoke. You got skills, so what im saying is there is no one else on the planet, artist you the only non singer we would ever do it with. Ok, well let me think about that. Maybe you can give me a ride home one day and ill do it while im in the car. Sure why not . It really is that easy. Stacey wonder if she would ever really take him up on it . Steve speaking of wonder, stevie wonder. We would love to see ellen do it. Stacey Google Express is bringing next day shipping to central iowa. Steve the service is coming to des moines and surrounding areas. A year for an unlimited delivery 895 membership, then they shop their Favorite Stores online. The orders arrive the next day. Stacey and theres a special deal right now for new members a free 3month trial. Steve here is some sweet news for chocolate lovers. Stacey hershey says it is debuting new deluxe kisses for the holidays. Theyll be double the standard size, have a hazelnut center and be flecked with rice crisps. Steve you will find the new kisses on store shelves november 5. Better go out and buy some. Stacey that think a live look at Wrigley Field in chicago. Game three of the nlcs tonight. Isrupt the old order in washington, dc. We can do a lot better by applying conservative principles we should lower rates and simplify the code to allow people to freely decide how they want to spend their money. What we need is leadership to fix a few big things. So that this country takes off and soars where people can dream the biggest possible dreams. And pursue them with a vengeance. Sfx applause jeb. Proven conservative. Real results. Kurtis beautiful weather. Rain moves out and it is headed toward chicago. Showers late in the game. We will have to see if that cruises to the north side. 70s tomorrow, just a few showers. Best chance for rain looks to be friday. Steve thank you for joining us. The game is at 7 07 tonight