(Des Moines) In a report issued today, the Iowa Attorney General’s Office has concluded that the January 27, 2025, fatal shooting of Daniel Joseph James Palenik by two Iowa State Patrol troopers was legally justified.
The Attorney General’s conclusion was based on a review and investigation by the Iowa Division of Criminal Investigation. The investigation found that on January 26, at 7:55 a.m., a Buena Vista County deputy attempted to pull Palenik over for drifting between lanes. Palenik sped off, reaching 115 mph. Palenik then slammed on his brakes, and the deputy moved out of the way, concerned that Palenik might try to hit his vehicle.
When the deputy approached Palenik’s pickup truck, Palenik began yelling, shaking, and making claims that law enforcement were out to get him. He told the deputy, “You’re lucky I don’t shoot you.” The officer asked if Palenik had any weapons in the car, to which he threatened, “You don’t want to find out.” When the deputy ran Palenik’s documents, he called for backup, given Palenik’s hostility. The deputy found that Palenik’s license was suspended and that he did not have insurance. He then returned to write a citation and ask if Palenik had someone who could drive his pickup home. Palenik said he wasn’t going to “play their game,” cursed at the deputy, and drove home.
Officers responded to Palenik’s home with concern about Palenik having guns, considering two previously issued safety bulletins. When Palenik got home, he poured gasoline around his vehicles and home. He also built a barricade. A crisis negotiator called to talk to Palenik. But when asked to confirm his identity, Palenik cursed at the officer, told the officer to leave him alone, and hung up. The negotiator tried to call for 15 minutes, with Palenik ignoring some calls and briefly answering others—only to express his dislike for law enforcement. Palenik told the officer to let him go to sleep or die and then commented that the officer would be the last to talk to him. Palenik’s boss also reported that at around 9:00 a.m., Palenik called to wish him “a good life.”
The negotiator, again, tried to reason with Palenik before calling Iowa State Patrol for help. At 12:30 p.m., authorities started calling out to Palenik on a loudspeaker to surrender. They also asked him to call so that they could confirm that he was okay. These announcements continued throughout the day to no response. Palenik’s barricades blocked law enforcement’s sight into the house. Warrants were obtained for Palenik’s arrest for eluding at more than 25 mph above the speed limit, as well as to search the home. At 4:30 p.m., law enforcement used armored vehicles to start breaking down the barriers in hopes of getting a better view of Palenik and communicating with him. Palenik opened fire.
Law enforcement approached the home two more times that evening in the armored vehicles, and Palenik opened fire each time. Law enforcement began evacuating the neighborhood. At 8:00 p.m., law enforcement played audio messages from Palenik’s family over a loudspeaker but got no response. Palenik later shot down a drone, and law enforcement determined that the shots were being fired from the attic. A robot then deployed an irritant gas into the home. As an armored vehicle attempted to break into part of the attic, Palenik opened fire. The windshield began to shatter and caused minor injury to the driver. The vehicle became inoperable.
The standoff continued as Palenik shot drones, robots, and gas cans. Sniper teams were given authority to shoot Palenik at that point if he was seen and refusing to surrender. Two troopers then saw Palenik crawl through a hole in the attic. Both troopers fired a single shot that fatally hit Palenik.
Law enforcement found that Palenik was armed with a rifle, pistol, shot gun, and loads of ammunition. He fired about 120 shots at officers by the end of the 19-hour standoff. Palenik repeatedly threatened the lives of officers by shooting at them, and he was a danger to his neighbors, who needed to be evacuated.
The report is issued under the Attorney General’s independent authority under Iowa Code section 13.12 to investigate or prosecute conduct of law enforcement that results in death.
