from the Iowa District Court for Scott County, Tom Reidel,
defendant appeals his convictions for attempted murder,
willful injury causing serious injury, and robbery in the
C. Smith, State Appellate Defender, (until withdrawal) and
Shellie L. Knipfer, Assistant Appellate Defender, for
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Doyle and Greer, JJ.
POTTERFIELD, PRESIDING JUDGE.
a multiple-day spree of criminal activity in September 2017,
Logan Shoemaker was charged with thirteen crimes. He pled
guilty to eight charges and, following a jury trial, was
convicted of four others. On appeal, he challenges three of his
convictions from the jury trial-attempted murder, willful
injury causing serious injury, and robbery in the first
maintains there is insufficient evidence to support his
convictions for attempted murder and willful injury causing
serious injury because the State failed to prove he had the
specific intent to cause death or serious injury,
respectively. He challenges his conviction for robbery in the
first degree, claiming there was insufficient evidence to
support that he intended to commit a theft-a necessary
element of robbery-and maintains counsel provided ineffective
assistance by failing to move for judgment of acquittal on
that ground. Similarly, he also maintains counsel provided
ineffective assistance by failing to request a separate
instruction defining theft for the jury.
Background Facts and Proceedings.
September 2017, Shoemaker harassed a woman he knew, Katie,
who had allowed him to stay in her home when he told her he
had nowhere else to go. Shoemaker refused to leave
Katie's home when she told him he was no longer allowed
to stay there, and Katie had to involve the local police to
force him to leave. Afterward, Shoemaker continued calling
and texting Katie in a harassing manner; she called the
police for assistance a number of times over the following
in the early morning hours of September 24, Shoemaker ramped
up his behavior. He used a truck he stole as a battering ram,
purposefully crashing into vehicles parked near Katie's
home. He also used an instrument to break windows out of
vehicles. At one point when Katie came outside to ask
Shoemaker to stop he, according to Katie's testimony,
"started fighting [her], like beating [her] up."
Shoemaker only stopped after one of Katie's
neighbor's pointed a gun out of a nearby window and told
Shoemaker to leave. Katie contacted law enforcement, but they
were unable to apprehend Shoemaker at that time.
morning of September 25, police located the stolen truck and
found Shoemaker sleeping inside. They ordered him out of the
vehicle, but he drove away. A number of officers began
pursuing Shoemaker. Shoemaker continued to flee, eventually
driving onto a gravel road, where he crashed into the back of
a stopped garbage truck. The stolen truck was inoperable
after the collision. Shoemaker ran up to the garbage truck
and ordered the driver to exit, threatening to shoot him if
he did not do so. The driver exited, and Shoemaker continued
to flee in the garbage truck, sometimes reaching speeds over
seventy miles per hour. At times, Shoemaker maneuvered the
truck well-he successfully rounded corners traveling much
faster than posted speed limits and, at one point, when an
officer ahead of him in the road deployed stop sticks,
Shoemaker was able to steer around them by taking the ditch
for a short time before reentering the road.
pursuit continued elsewhere, Police Chief Terry Behning
located an intersection that Shoemaker had not yet reached.
Chief Behning parked his police vehicle in the opposite lane
of the road on which Shoemaker was traveling, facing toward
Shoemaker as he drove up. Chief Behning activated the red and
blue lights on the vehicle before getting out and standing
behind it, intending to throw out stop sticks at the last
second so Shoemaker would not be able to avoid hitting them.
Shoemaker crashed the garbage truck into Chief Behning's
service vehicle. Just before impact, he was traveling
sixty-one miles per hour. According to Chief Behning's
testimony, his service vehicle "basically just exploded.
I mean, it just came right at me and I had nowhere else to
go." He incurred a number of serious injuries as a
result; he was taken by helicopter to the hospital, where he
stayed for approximately five weeks. While there, he
underwent fifteen surgeries.
was apprehended immediately after he crashed into Chief
Behning's vehicle. On the recording from one of the squad
cars, the apprehending officers can be heard pointing out
Chief Behning laying in the ditch to Shoemaker, who
responded, "What happened?" Shoemaker ...