from the Iowa District Court for Wapello County, Shawn R.
defendant appeals his convictions for attempted murder, two
counts of willful injury causing serious injury, and going
armed with intent. AFFIRMED.
C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Boutchee concedes he assaulted his girlfriend, T.T., and his
housemate, J.R. Those assaults led to jury verdicts finding
Boutchee guilty of two counts of willful injury causing
serious injury, as well as one count each of attempted murder
and going armed with intent. On appeal, Boutchee challenges
the sufficiency of the evidence for attempted murder and
going armed with intent. Boutchee also claims his trial
attorney should have objected to expert testimony from
J.R.'s treating physician. Finally, Boutchee contests the
district court's order that he reimburse court costs
without consideration of his reasonable ability to pay.
Finding ample evidence to support the jury verdicts and no
cause for his counsel to object to the doctor's
testimony, we affirm Boutchee's convictions. As for the
restitution issue, we conclude Boutchee's complaint is
Facts and Prior Proceedings
called 911 around 5 a.m. on December 5, 2016, telling the
dispatcher his girlfriend was having a medical emergency and
"needs some help." When paramedics arrived, they
discovered two people who needed help. Not only was
Boutchee's girlfriend, T.T., bleeding from multiple stab
wounds in the bedroom. But in the living room, paramedics
found J.R., bloody and barely conscious, on the floor. J.R.
had visible head injuries and a laceration on his wrist.
Safely in the ambulance, J.R. identified Boutchee as his
and his girlfriend had been out partying the night before.
Boutchee was arrested, but returned home early in the
morning. T.T. told the jury: "I was still sleeping, and
Johnnie B. opened the door of the bedroom, turned the light
on, took the bedspread and the sheet off of me, because I had
my head over the bedspread and sheet. He told me to get
up." Then Boutchee moved back and forth between the
bedroom and living room, where J.R. had been sleeping on the
couch. Boutchee took a metal baseball bat from beside the TV
stand and twirled it around. Boutchee told J.R. "how
much he hated" him and punched J.R. in the face with his
fists and "started smashing" him with the bat,
according to J.R.'s testimony. J.R. estimated Boutchee
hit him more than two dozen times "all over his
head." J.R. told the jury:
So I was in and out of consciousness a lot. I don't know
how long I was out, but I-I was woke up to a knife going into
my wrist, and Mr. Boutchee said to me, I know you love Jesus,
but I love the devil, and I'm here to do the devil's
also recalled Boutchee saying he was going to "do you
both" so he could "go to prison forever" and
"I'm killing you. Hurry up and die." J.R.
pretended to be dead so Boutchee would leave him alone.
also showed T.T. a pocket knife with blood on the blade.
Boutchee slashed the knife near T.T's throat and stabbed
her several times in her neck and head. As she struggled to
stay alive, T.T. convinced Boutchee to call 911. The
ambulance transported her to the local hospital and then to
University Hospitals in Iowa City. She required several weeks
of hospitalization, underwent physical therapy, and suffered
permanent paralysis on her left side from the stab wounds.
addition to his head and wrist injuries, J.R. suffered pelvic
fractures and a lacerated spleen, which were not detected by
medical personnel until he returned to the hospital a week
after the assault. When Dr. Gregory Casey saw J.R. in the
Ottumwa emergency room on December 11, 2016, he ordered a CAT
scan revealing the pelvic fractures and "a pretty
significant" injury to the patient's spleen, ...