RENARD E. ANDREWS, Applicant-Appellant,
STATE OF IOWA, Respondent-Appellee.
from the Iowa District Court for Polk County, Bradley M.
challenges the dismissal of his application for
postconviction relief. AFFIRMED.
R. Stockdale, Windsor Heights, for appellant.
J. Miller, Attorney General, and Kevin R. Cmelik, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
Andrews was convicted of murder in the first degree, in
violation of Iowa Code section 707.2 (2009), and sentenced to
imprisonment for life without the possibility of parole. This
court affirmed his conviction on direct appeal. See State
v. Andrews, No. 11-1672, 2012 WL 4513901, at *1 (Iowa
Ct. App. Oct. 3, 2012). Andrews now appeals the denial of his
application for postconviction relief.
facts and circumstances of the offense were set forth in our
LeCarlton Henderson was murdered in the early hours of
November 18, 2010. From the evidence presented at trial, the
jury could have reasonably found the following facts.
On the evening of November 17, 2010, Andrews, who uses a
wheelchair, was at his girlfriend's house with Olando
"Maf Hawthorne playing video games. Henderson stopped by
and picked Andrews and Hawthorne up to go to a club. On their
way, Henderson stopped at his girlfriend's place of work
so she and Henderson could swap vehicles. Henderson,
Hawthorne, and Andrews then proceeded to a bar in
Henderson's girlfriend's black SUV.
Henderson called his girlfriend around 2:00 a.m. to let her
know he was on his way home. However, Andrews had Henderson
drive them to an apartment parking lot. There, Andrews shot
Henderson once in the mouth and once in the head. A couple in
the apartment complex heard a loud noise from the parking lot
around 2:45 a.m. The wife looked out the window and saw one
person pushing a man in a wheelchair.
Hawthorne pushed Andrews to a nearby grocery store. Andrews
called his girlfriend at 3:15 a.m. to pick them up, telling
her that Henderson had left with some women and he and
Hawthorne needed ride. She then picked the pair up.
Henderson's body was discovered later that morning in his
girlfriend's black SUV in the apartment's parking
lot. Henderson's girlfriend heard a report that a body
had been found in an SUV, and she called Andrews to find out
if he knew where Henderson was. Andrews told her Henderson
had dropped him off at home the prior night and that was the
last time he saw Henderson. Andrews talked to Henderson's
girlfriend a few more times that morning, telling her he had
warned Henderson about "messing with all those
hoes" and trying to find out what she had learned about
the police investigation.
Andrews was ultimately charged with murdering Henderson, and
he was arrested and placed in the Polk County Jail. Already
residing there on felony charges was Derek Hoover, a friend
of both Andrews and Hawthorne. Andrews told Hoover all about
the murder, including that used his "40" to murder
Henderson. Andrews told Hoover that Hawthorne was supposed to
get rid of the gun but had poorly hidden it behind
Andrews's girlfriend's garage to set Andrews up.
Andrews told Hoover he had shot Henderson because Henderson
had stolen from him. Hoover ultimately told the police what
Andrews had told him in hopes of receiving a more favorable
deal. The police found the gun where Hoover told them Andrews
had told him-behind Andrews's girlfriend's garage.
Blood stains matching the known DNA profile of Henderson were
found on Andrews's jacket.
A jury trial was held in September 2011, and Andrews took the
stand in his defense. He testified that Hawthorne had his
gun, and it was Hawthorne who shot Henderson. He stated
Hawthorne told Henderson to pull into a parking lot and
argued about money owed from a drug transaction. Andrews
testified that he had just completed a phone call and was
looking through his phone when Hawthorne shot Henderson
twice. He stated he lied to ...