from the Iowa District Court for Scott County, Mark J. Smith
(trial) and Mark D. Cleve (sentencing), Judges.
defendant appeals his convictions for possession of a firearm
or offensive weapon by felon and assault with a dangerous
J. O'Flaherty of O'Flaherty Law Firm, Bettendorf, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
Reed appeals his convictions for count I, possession of a
firearm or offensive weapon by felon, in violation of Iowa
Code section 724.26(1) (2016), and count II, assault with a
dangerous weapon, in violation of Iowa Code section 708.2(3).
He argues the evidence was insufficient to support the
court's verdict after a bench trial. We affirm.
Background Facts and Proceedings.
April 20, 2016, Montel Reed drove Donarease Lawless and two
other passengers to Linda Bailey's house in a black Chevy
Impala. When they arrived, Lawless and Reed got out of the
car. Lawless approached the house and Reed stayed back near
the sidewalk in the front yard of the house. Bailey, the
owner of the house, and her daughter, Wakeytha Smith, were
sitting in a screened-in porch in the front of the house.
to testimony from Smith and Bailey, Lawless was looking for
Smith's brother-who allegedly struck Lawless's
sister. Lawless walked up to Bailey's front door and
asked for Smith's brother to come outside and talk to him
about the incident. Smith's brother was not present, and
after a discussion between Lawless and Smith, Lawless
threatened to strike her in the face. Smith retreated inside
the house and called the police. Reed and Lawless left in the
Ashaie Frison, Bailey's daughter and Smith's sister,
received a phone call from Smith about the interactions with
Lawless, according to Frison's testimony. Frison went to
her mother's house where she joined Bailey and Smith.
Sometime after the initial confrontation, Frison saw the
black Chevy Impala approach the house again, and she
recognized Reed as the driver. She also saw "Mr. Lawless
with the window [down] and he was waving something. . . . At
first I didn't know what it was because they was still
coming." However, as the car passed in front of the
house, she recognized the item Lawless was pointing at the
house-"a black handgun." Reed drove the car slowly
down the street and made a prolonged stop at an intersection
without a stop sign near the house. Frison saw the license
plate of the black Chevy Impala and instructed Smith to call
the police. Reed's car remained stopped near the house
until shortly before the police arrived.
Craig Burkle testified that he received a call about a
disturbance involving a gun where the suspects left the scene
in a black Chevy Impala. Burkle discovered the black Chevy
Impala on the way to the scene and confirmed the license
plate number matched Reed's vehicle. Burkle testified he
followed the vehicle, identified Reed as the driver, and
attempted to initiate a traffic stop. In response, Reed
"gunned the gas pedal" and "took off at a high
rate of speed, " according to Burkle.
chase through the back alleys of Davenport, Reed and Lawless
stopped the vehicle and fled on foot. Reed and Lawless were
apprehended shortly thereafter, and the officer identified
Reed as the driver. With the help of a police dog trained to
track human scent, Sergeant James Garrard then located a
loaded firearm under a shed owned by an unrelated party. The
shed was located several blocks from the Bailey residence and
Reed's car. Reed and Lawless were arrested.
11, 2016, Reed was charged by trial information with the
following crimes: count I, possession of a firearm or
offensive weapon by felon, in violation of Iowa Code section
724.26(1); count II, assault with a dangerous weapon, in
violation of section 708.2(3); count III, possession of
marijuana, in violation of section 124.401(5); and, count IV,
eluding, in violation of section 321.279(1). Reed pled not
guilty to the charges and signed a written waiver of his jury
trial rights. The court found Reed ...