from the Iowa District Court for Clinton County, Patrick A.
McElyea (trial) and Mary E. Howes (sentencing), Judges.
Moore appeals his criminal convictions and the sentences
imposed. CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART,
VACATED IN PART, AND REMANDED.
C. Smith, State Appellate Defender (until withdrawal), and
Shellie L. Knipfer, Assistant Appellate Defender, for
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and May, JJ.
Moore appeals his convictions of intimidation with a
dangerous weapon with intent and reckless use of a firearm.
Moore argues (1) the evidence was insufficient to support his
convictions; (2) the court failed to exercise its discretion
in imposing sentence; and (3) the district court improperly
ordered him to pay attorney fees, court costs, and
correctional fees as restitution without first determining
his reasonable ability to pay the same.
Background Facts and Proceedings
late-evening hours of April 26, 2018, a shooting occurred at
a residence in Clinton, Iowa. Prior to the shooting, Moore and
Zachary Broders went to the residence because they needed
beer money; they knew the home to be occupied by Alan Wulf,
who owed both Moore and Broders money. At roughly 11:45 p.m.,
the pair parked in the alley behind the residence and went to
the back door of the home, which faces north. Less than a
minute later, a woman, Melissa Hartman, came outside and
conversed with Moore and Broders. About a minute later,
Broders walked back to the alley because he thought he heard
something; Moore remained with the woman at the back door.
Broders then proceeded to the east side of the house to look
into a window leading to the living-room area of the home to
see if Wulf was inside. Through the window, Broders observed
multiple women and a man, but not Wulf. However, Wulf was
present in the home. Broders also peered around the front
corner of the home and glanced at the front door. Broders
returned to the rear of the home and advised Moore that Wulf
was not home. Moore and Broders then went to the east side of
the house together to take a second look. At the same time,
Hartman got in a vehicle near the alley and left the area.
Broders then returned to his car and waited inside, while
Moore remained on the side of the house. While in his car,
Broders heard gunshots. After the shooting ceased, Broders
looked up. He then observed more shots coming out of the
window of the home and Moore running. Broders locked his car
doors and drove away from the area. Moore fled the area on
foot, running north through the backyard of the home and then
westbound through the alley. The video evidence does not show
anyone else fleeing the scene or approaching the east side of
the home. Broders testified he never saw Moore with a firearm
on the night in question. However, the video evidence shows
Moore to be holding his right hand in his pocket. A police
officer testified, based on his experience in law
enforcement, the manner in which Moore had his hand tucked
away indicated a possibility that he was carrying a weapon.
testified on his own behalf. He admitted to being at the home
on the night in question and acknowledged he went to the home
because Wulf owed him money. He then explained that, while he
was at the window on the east side of the home, he was
speaking with someone through an open window, "try[ing]
to negotiate" to get his money. Then, according to
Moore, a man named Tango approached and started arguing with
Wulf. Ultimately, "things escalated, gun fire started
going, [and Moore] took off running." Moore testified
Tango was not depicted in the video footage because of
"the direction the angle he came in from." Moore
finally testified he was not in the possession of a weapon on
the night in question.
evidence generally shows that shots were fired to the west
through and from outside the living-room window of the
residence and then return shots were fired to the east
through and from inside the window. Investigators found seven
9 millimeter shell casings on the ground outside of the
window. Two bullet holes were found in a window on the west
side of the house directly across from the window on the east
side of the home. The residence located immediately to the
west suffered bullet holes to its east wall. The residence
located immediately to the east suffered two bullet holes and
fragmentation damage to its west wall.
was charged by trial information with (1) intimidation with a
dangerous weapon with intent to invoke fear or anger in
another, (2) going armed with intent, and (3) reckless use of
a firearm. The matter proceeded to trial. Following the
State's case-in-chief, Moore moved for judgment of
acquittal on all counts, arguing the evidence was
insufficient to show he was the shooter or possessed a
weapon. The court denied the motion. Moore renewed the motion
following the presentation of the evidence for the defense. A
jury found him guilty of intimidation with a dangerous weapon
with intent and reckless use of a firearm. The court
sentenced Moore to a term of incarceration not to exceed ten
years with a mandatory minimum of five years on count one and
a term of incarceration not to exceed two years on count two,
to be served concurrently. The court ordered Moore to pay
attorney fees, court costs, and correctional fees as
restitution. Moore appeals.