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State v. Lindsey

Court of Appeals of Iowa

March 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
MAR'YO D. LINDSEY JR., Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.

         The defendant challenges his convictions of intimidation with a dangerous weapon, willful injury causing bodily harm, possession of a firearm by a felon, going armed with intent, and carrying weapons.

          Sandra P. Trevino of Jensen & Trevino, P.C., East Dubuque, Illinois, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., Mullins, J., and Blane, S.J. [*]

          BLANE, SENIOR JUDGE

         Mar'yo Lindsey Jr. appeals from his convictions of intimidation with a dangerous weapon, willful injury causing bodily harm, possession of a firearm by a felon, going armed with intent, and carrying weapons. Lindsey maintains there is insufficient evidence to support his convictions, arguing that the State failed to prove he was the person who possessed or used a firearm-necessary elements in each of the five crimes. Lindsey also maintains his trial counsel provided ineffective assistance by failing to create a contemporaneous record of a sleeping juror that would have supported his motion for new trial based on juror misconduct.

         I. Background Facts and Proceedings.

         On December 15, 2016, at 7:49 p.m., Waterloo dispatch received a 911 call indicating gunshots were fired at a location in west Waterloo. When local police responded to the call, they found a residence that had been shot twelve to fourteen[1] times. Officers made contact with the resident of the home, Christine Williams, and her two children. Williams's nine-year-old son had been struck by a bullet that went "through-and-through" his left buttock; he was taken to a local hospital by ambulance and was released one day later.

         In speaking with Williams and her cousin Shanelle Madlock, who arrived a few minutes later, officers learned that Madlock had been spending time at Williams's home daily and often used Williams's car to run errands. Madlock reported she had been receiving death threats from the family and friends of a recent shooting victim who blamed Madlock for the victim's ultimate death. At some point in the discussion, Madlock or Williams mentioned Aundrey Roberts Jr. to officers. The officers were aware that Roberts was being monitored by the department of corrections through an ankle device with GPS, and they contacted the department for records regarding his whereabouts that night.

         At the same time, other officers canvassed the neighborhood. One of Williams's neighbors told officers she heard multiple gunshots from inside her home and then went outside to see what was happening. After she got outside, she noticed two people running away, one in a black hoodie and one in a gray hoodie.[2] She showed officers where she saw the people running. From that, officers followed the sets of tracks in the snow on the ground until they lost them, in the area of Freedom Lane.

         Using the security system from a nearby apartment, officers were able to review recordings of the nearby area-though not the actual location of the shooting. In doing so, they noticed a gold Trailblazer appeared to be circling the area around the same time the shooting took place. The vehicle was registered to Lindsey. The recording also showed two people exiting the Trailblazer. Both had their faces covered. The one who exited the front, passenger side of the vehicle wore a striped sweatshirt, with alternating dark and light stripes. A second person exited the rear, driver side of the vehicle before the vehicle was driven away by an unseen third person. The two persons who exited the vehicle then proceeded to walk with their left hands swinging freely and their right hands stationary against their bodies. An officer opined that the right hand of each person was being used to hold something against the person's body-possibly a firearm.

         After receiving the records of Roberts's location according to his GPS monitor and comparing them with the location of the gold Trailblazer, officers determined Roberts was in the Trailblazer.

         From 7:45 to 7:49 p.m., Roberts's GPS shows he was stationary at the corner of Freedom Lane and Wellington, an area a couple blocks away from the residence that was shot and the same area the sets of footprints the police followed appeared to end.

         At 8:30 p.m., Roberts's monitor indicated he stopped for a number of minutes at a local gas station. Images obtained from the gas station show Lindsey exiting the front, passenger side of the Trailblazer. Roberts also exited the Trailblazer-from the driver's seat-and then proceeded to enter the gas station. According to the GPS records, Roberts, who had a 9:00 p.m. curfew, was home by approximately 8:37 p.m.

         At 9:50 p.m., officers located Lindsey's gold Trailblazer in the ditch near his father's home. After obtaining a warrant, the officers took the vehicle and Lindsey to the police station as part of their investigation. During their search of the vehicle, officers located a dark blue and gray striped sweatshirt, which was sitting in the front, passenger seat. Officers also seized Lindsey's shoes that he was wearing at the time, size 9.5 Nike Air Max that were dark in color.

         On December 23, Lindsey was charged by trial information with intimidation with a dangerous weapon, willful injury causing bodily harm, possession of a firearm by a ...


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