from the Iowa District Court for Des Moines County, John G.
appeals his conviction for murder in the first degree.
C. Smith, State Appellate Defender (until his withdrawal),
and Nan Jennisch, Assistant Appellate Defender, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Booth-Harris appeals his conviction for murder in the first
degree. We find the district court properly denied
Booth-Harris's motion to suppress based on a claim of an
impermissibly suggestive identification procedure. We
preserve for a possible postconviction relief action
defendant's due process claim raised under the Iowa
Constitution and his claim defense counsel should have
requested a different eyewitness identification instruction.
We affirm Booth-Harris's conviction for first-degree
Background Facts & Proceedings
February 16, 2015, Deonte Carter and Terrance Polk had a
verbal argument in the front yard of the home of Rita Lewis
in Burlington. Carter claimed Polk had taken some items from
his home, which Polk denied. Lewis told the men to leave.
Carter and Polk then communicated through Facebook and agreed
to meet to fight near South Hill Park.
that afternoon, Carter arrived at the park with his cousin,
Donnell Watson, and a friend, Edward DeWitt. There was
evidence Polk was there with some men, including
Booth-Harris. According to Watson, Booth-Harris was holding a
gun. Carter said, "You going to have to do what
you're going to have to do with it," and
Booth-Harris shot him several times. When the shooting
started, Watson ran away. After a short time, he came back
and saw Carter lying in the street. DeWitt called 911. Carter
died as a result of the gunshot wounds. He had been shot with
a .45 caliber handgun.
this same time period, Booth-Harris was shot in the
He went to his home, leaving drops of blood on the front step
and in the home. He changed clothes and had his father drive
him to a hospital in Monmouth, Illinois, rather than the
hospital in Burlington. Booth-Harris told officers he had
been with Polk and had been shot near an argument but denied
shooting Carter. During a search of Booth-Harris's home,
a .45 caliber shell casing was found near his back door and
.45 caliber ammunition was found in a closet. The ammunition
found in Booth-Harris's home was of the same type as
found at the murder scene.
gave a statement to officers on the day of the shooting. He
was shown a photographic array, and Watson said none of the
men was the shooter. This array contained a picture of Polk
but did not have a picture of Booth-Harris. On February 16,
2015, officers believed Polk might be the shooter. Also, at
the time, officers did not know if the shooting of
Booth-Harris was related to the shooting of Carter, and an
officer showed Watson a single photograph of Booth-Harris,
asking, "do you know this person?" Officer Derek
Schwandt, who showed the photograph of Booth-Harris to
Q. Why did you show him the picture then? A. Well, we just
had a shooting in Burlington and there's a subject with a
gunshot wound. We don't know if he's a victim. We
don't know if he's a suspect. We don't know if
he's a bystander, ...