from the Iowa District Court for Jackson County, Thomas G.
Reidel (trial) and Nancy S. Tabor (sentencing), Judges.
appeals his convictions for robbery in the first degree and
assault with intent to inflict serious injury.
Matthew L. Noel of Noel Law Firm, Clinton, until withdrawal,
then Mark C. Smith, Appellate Defender, and Shellie L.
Knipfer, Assistant Appellate Defender, for appellant.
Desmond D. Reeves, Anamosa, appellant pro se. Thomas J.
Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
Tabor, J., takes no part.
Reeves appeals his convictions for robbery in the first
degree and assault with intent to inflict serious injury. We
find substantial evidence supports the jury's verdict,
including evidence of Reeves's intent to commit theft as
an element of the offense of robbery. We conclude the
district court did not abuse its discretion in concluding
character evidence concerning a witness was not admissible
because it was not relevant. We find Reeves's pro se
claims were not preserved or not supported by argument in his
brief. We affirm Reeves's convictions.
Background Facts & Proceedings
Filloon lived in a nine by seven foot attachment to a trailer
home in Maquoketa. Filloon's "self-adopted"
family-Billy and Stacy Schick and their son, Dylan
Schick-lived in the trailer. Filloon's room had a door to
the outside and an opening into the trailer. Filloon owned a
television and X-Box gaming system, and few other material
possessions. He had two BB guns under his cot.
January 9, 2017, Filloon's friend, Kyle Kunde, came over
at about 7:30 p.m. They smoked marijuana and played video
games on the X-Box. At about 9:15 p.m., Filloon took a Valium
pill someone had given him. Billy, Stacy, and Dylan were all
in the trailer home at the time, as well as Dylan's
friend, Damon McFarlane.
9:30 p.m., two men came into Filloon's room through the
outside door. The first man, later identified as Charlie
Potter, pointed a sawed-off shotgun at Filloon and Kunde and
said, "Give me everything you have," and the second
man, Reeves, repeated it. Filloon stated he thought it was a
joke until Potter struck him in the face with his fist. Kunde
was hit in the head with the shotgun. Filloon jumped up,
grabbed the shotgun, and started to push Potter and Reeves
out of the room. Reeves fired several shots at Filloon with a
.22 caliber semi-automatic pistol. Outside the trailer,
Filloon, Potter, and Reeves fell against a porch railing,
which broke, and they fell on the ground, wrestling. Filloon
stated Reeves said, "Move your sh*t. I'm going to
shoot him in his head." Filloon let go of Potter, who
ran away, leaving the sawed-off shotgun. Filloon and Reeves
continued to wrestle and ended up in a cornfield. Eventually,
Filloon realized he was injured and let go of Reeves, who
also ran away, leaving his gun behind. Neither Filloon nor
Kunde knew Reeves or Potter.
Schick and a neighbor, Tanna Estes, helped Filloon into the
trailer. Estes called 911. Police officers quickly arrived at
the scene. Filloon received medical assistance; he had been
shot three times-in the torso, hip, and leg. Within a short
time, an officer saw Reeves walking down a nearby street,
where a Chevy Avalanche picked him up. The officer stopped
the vehicle, which was driven by Andrew Combs. The Avalanche
was registered to Potter.
had injuries and initially said he had been in a MMA fight.
Later, Reeves said he and his brother, Cal, had wrestled in a
cornfield. Reeves had a lighter, an empty baggie, and maybe
one coin on him. Officers took Reeves's clothing. DNA
testing showed Filloon's blood was on Reeves's
t-shirt and sweatshirt. In addition, shell casings from the
scene matched Reeves's .22 caliber semi-automatic pistol.
Officers searched Filloon's room and found an amount of
marijuana consistent with personal use but no evidence of
was charged with robbery in the first degree and attempt to
commit murder. He gave notice he intended to present a
defense of self-defense. A jury trial commenced on April 3,
2017. The State presented evidence as outlined above. Reeves
presented the testimony of Estes, who heard the porch rail
break and then looked outside from her home next door. She
observed much of the fight once Filloon, Potter, ...