The Council Bluffs Police Department this (Friday) afternoon, released more information about Thursday morning’s Officer involved shooting in the parking lot of a convenience store. Officials say shortly after 3:00am on February 1st, Council Bluffs Police Officer Trevor Benson (a five year veteran of CBPD) responded to a report of a suspicious vehicle on the parking lot of 611 East Broadway Street.

Upon arriving, Officer Benson approached the driver’s door of a parked white Oldsmobile Cutlass which was being operated by 21-year old Daton Petrey, of Omaha.  After a brief conversation, in which Petrey refused to identify himself, Officer Benson directed Petrey to exit the vehicle. Petrey was non‐compliant, refusing to get out of the car. Officer Benson then opened the driver’s door of the Cutlass and was attempting to physically remove Petrey from the car when Petrey shifted the transmission into reverse, and accelerated backwards at a high speed.

As the car was backing up, Officer Benson was trapped between the open driver’s door and the car’s body for approximately 40 feet. Benson was able to remain on his feet and fired two shots from his service weapon during the encounter. One round
struck Petrey in the lower torso. After being shot, Petrey continued to flee, speeding off the property in the alley behind the business.

When attempting to turn from the alley onto Frank Street, Petrey struck a power pole guide‐wire, which caused the vehicle to flip onto its roof. Petrey was then able to crawl out of the overturned vehicle and attempted to elude other responding officers on foot; he was captured about one block away, hiding under a parked vehicle. An ambulance was requested and Petrey was transported to a trauma center in Omaha for treatment. Other than the 3,300 lb. vehicle, no weapons were used or located on Petrey.

Officer Benson was not injured during the incident. There was a 59 year old male subject sitting in the front passenger seat of the Cutlass when the incident began. He had his door open as Benson began to struggle to get Petrey out of the vehicle. As Petrey accelerated backward, the passenger attempted to exit the vehicle, was dragged under the passenger door and his leg was run over by Petrey. The passenger refused medical attention at the scene. He was subsequently interviewed and released.

At the time of the incident, Petrey has a valid felony warrant for his arrest, for Parole Violation, issued by the Nebraska Department of Corrections. His warrant indicates to use caution, as he is considered an escape risk, known to carry weapons and resist arrest. Petrey remains in the hospital, in stable condition; once discharged, he will be booked into the Douglas County Jail on his outstanding warrant.

As part of department practice, the Iowa Division of Criminal Investigation (DCI) is conducting a parallel investigation into the incident, reviewing the actions of police personnel. Council Bluffs Detectives are conducting the criminal investigation, regarding the actions of Petrey. Our Internal Affairs Unit will conduct an administrative review of the incident, to ensure policies and procedures were followed.

The Council Bluffs Police Department will be consulting with Pottawattamie County Attorney Matt Wilber to identify appropriate criminal charges for Petrey, as a result of his assaults upon Officer Benson and the front seat passenger. Additional arrest warrants, stemming from this incident, are expected to be requested early next week.

As the case remains an open investigation, authorities said they will not be releasing any video footage at this time. Any future public release of evidentiary material will be at the approval and direction of the County Attorney. Officer Benson will remain on Administrative Leave while the investigation continues.