Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Perry

Court of Appeals of Iowa

March 20, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
DEVARIS MARQUIS PERRY, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Bradley M. McCall, Judge.

         The defendant appeals from his convictions for attempted murder, intimidation with a dangerous weapon with intent, and reckless use of a firearm resulting in property damage.

          Denise M. Gonyea of McKelvie Law Office, Grinnell, for appellant.

          Devaris Perry, Anamosa, pro se.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J. [*]

          POTTERFIELD, PRESIDING JUDGE.

         Devaris Perry appeals from his convictions for attempted murder, intimidation with a dangerous weapon with intent, and reckless use of a firearm resulting in property damage. With the assistance of counsel, Perry argues the district court abused its discretion in failing to exclude a State witness for whom there was inadequate notice, there was insufficient evidence to support his conviction for attempted murder, the weight of the evidence is contrary to each of the three guilty verdicts, and trial counsel provided ineffective assistance by failing to file a motion to suppress Perry's involuntary confession. Additionally, in a supplemental pro se brief, Perry reiterates some of the arguments made by counsel and also maintains there was no corroboration of accomplice testimony and his trial counsel was ineffective when he inadequately impeached a witness for the State.[1]

         I. Background Facts and Proceedings.

         On October 31, 2016, Des Moines Police received several reports of a blue car chasing a Dodge Charger and of the passenger of the blue car firing multiple gunshots at the Charger. The Charger, which was driven by Tyrone Cameron, was hit with three bullets. Another vehicle in the area was also hit with bullets.

         The State later alleged Perry was the shooter, charging him with attempted murder, intimidation with a dangerous weapon with intent, and reckless use of a firearm resulting in property damage.

         At his jury trial, Jacqueline Cameron-the mother of two of Perry's children-testified that she married Tyrone Cameron one day before the shooting. Perry had expressed to her before October 31 that he was unhappy another man would be helping to raise his children. Jacqueline testified on that on the morning of October 31, she witnessed her husband "screech" away from the curb near their home in his Dodge Charger while Kyara Stogner's blue car chased him. Jacqueline stated there were two people in Stogner's car, with Perry in the passenger seat, and they were both wearing white t-shirts. She maintained she witnessed Perry lean out of open passenger door and fire gunshots at her husband's car, although when asked, she admitted she had not initially identified Perry as the shooter. Immediately after the incident, Jacqueline and Tyrone drove the Charger to the police station and allowed officers access to the vehicle. Tyrone told officers Perry was the passenger in the blue vehicle and had shot at him.

         At about the same time, Perry called 911 and reported that he was being shot at.

         A neighbor's surveillance camera recorded some of the chase, and the police were provided a copy. The video was admitted at trial and published to the jury. It shows a Charger driving quickly in what appears to be an attempt to flee from the blue car that is behind it, and a man matching Perry's description wearing a white shirt and white hat, leaning out of the open passenger door of the blue car. A number of gunshots can be heard both before and after the Charger and blue car are visible in the frame.

         Stogner testified that on the morning of October 31, she was driving her blue car with Perry as her passenger; Perry was wearing a white t-shirt and white hat. She stated Perry asked her to drive to Jacqueline's house, so she did so. She testified that when they were near Jacqueline's home, Perry told her to "get on their ass"-which she took to mean to follow the car ahead of them. At the time he said it, Perry had pulled out a gun and was holding it. She testified she did as he said because she was "scared," "terrified," and "didn't know what to think." As she drove behind the Charger, Perry shot the gun at the Charger "about eight times." At some point, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.