from the Iowa District Court for Woodbury County, John D.
defendant appeals his conviction of criminal mischief in the
Conrad Douglas, Sioux City, for appellant.
J. Miller, Attorney General, and Kelli A. Huser, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Moore appeals his conviction of criminal mischief in the
first degree. Moore challenges both the sufficiency and the
weight of the evidence supporting his conviction. In both
respects, he claims the evidence does not establish he was
the person who committed the crime.
Background Facts and Proceedings.
November 2015, Moore was charged by trial information with
criminal mischief in the first degree. It was alleged that on
the night of November 11, 2015, he had intentionally damaged
a number of pieces of construction equipment and a
neighbor's truck that were parked near Moore's house
and the resulting damage was more than $10, 000. The
construction equipment was in Moore's neighborhood in
connection with work on a broken water main.
months later, Moore filed a notice of alibi, stating his
father would testify Moore was at the father's house
during the time the vandalism was alleged to have occurred.
matter proceeded to a jury trial in July 2016. At trial,
Moore's neighbor of several years, Renea Junck, testified
she heard a noise outside at approximately 9:00 p.m. on the
night in question; the noise led her to look outside through
one of her home's windows. Once she did so, she
recognized Moore's truck as he drove it, pushing a
construction sign into another vehicle on the street. She
then saw Moore exit the vehicle and enter his home. A few
minutes later, Moore exited his home, picked up a brick, and
threw it through the windshield of another vehicle. She next
saw him enter his home and then come back out carrying what
appeared to be some type of tool. Moore methodically went
from tire to tire on the various pieces of machinery on the
street; Junck testified she could tell Moore was
"messing with the tires, " but it was initially
unclear exactly what he was doing. At some point, she
recognized he was pushing the tool-what she believed to be a
drill-into the tires. Junck called 911 at approximately 9:21
p.m.; she reported her neighbor had broken a window in a
piece of construction equipment and, although she could not
tell exactly what he was doing, he was now working his way
down the block to all of the pieces of construction
equipment. Junck did not know Moore's name, but she
described Moore's residence, his vehicle, his physical
appearance, and what he was wearing.
boyfriend, Justin Stricker, testified similarly. He was
sitting with Junck when he heard a loud noise outside. When
he looked out, he recognized Moore's truck and he saw
Moore use the truck to push a construction sign into a
vehicle on the street. Moore then went into his home for
approximately five to ten minutes before he returned outside
and threw a brick through the windshield of a truck. Stricker
could not remember if he saw Moore enter his house again, but
he remembered seeing Moore around the construction equipment
with something in his hands. Stricker noticed Moore was
standing next to the tires, but he could not tell what he was
doing to them.
police officers responded to the call from Junck at
approximately 9:30 p.m. The officers noted a number of
punctured tires, stating they could hear the hissing of the
expelling air as soon as they got near the equipment. In
addition, a number of windows were broken in a piece of John
Deere equipment and the windshield of a white truck was
damaged. The officers checked the registration of the vehicle
Junck had described in her call to 911 and found that it was
registered to Moore at the address Junck had described. The
officers then attempted to make contact with Moore, but no
one answered the door of his home. The officers noted a
fresh, muddy footprint in Moore's enclosed front porch.
police officers returned the next day in another attempt to
speak with Moore. When Moore came to his front door, the
officers told him they wanted to speak to him about damage to
the construction equipment. Moore had complaints about
construction equipment, barricades, and debris and tried to
show the officers images on his cellphone. He also complained