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Two men charged with attempted murder

Total of five felony counts filed

Two Marshalltown men were formally charged Monday in Marshall County District Court with five felony counts stemming from a mid-April shooting incident in Marshalltown which left two teen-agers wounded.

Charges ranging from attempted murder to engaging in criminal conduct to going armed with a dangerous weapon were filed by Marshall County Attorney Jennifer Miller against defendants Efrain Javier Torres-Weitzell, 18, and Gerardo Andrade, 18, according to court records.

Both are being held in the Marshall County Jail on $100,000 cash only bonds after being arrested by Marshalltown Police Department personnel earlier this month.

Count I: Attempted murder. Miller charged “the defendants on April 13, without justification, committed an act by which they expected to set in motion a force or chain of events which would cause or result in the death of another person (M.O.) or did aid and abet or engage in joint criminal conduct with another …. ” (Class B felony).

Count II: Attempted murder. Miller charged “the defendants without justification, committed an act by which they expected to set in motion a force or chain of events which would cause or result in the death of a second person (L.H.) or did aid and abet or engage in joint criminal conduct with another in the commission of this act …” (Class B felony)

Count III: Reckless use of a firearm. Miller charged “the defendants did, intentionally discharge a firearm in a reckless manner causing bodily injury or did aid and abet or engage in joint criminal conduct with another in commission of this act … ” (Class D felony).

Count IV: Going armed with intent. Miller charged the defendants “did intentionally go armed with a dangerous weapon with the intent to use it against the person of another, or did aid and abet or engage in joint criminal conduct … ” (Class D felony).

Count V: Intimidation with a dangerous weapon. Miller charged the defendants “did with the intent to injure or provoke fear in another, shoot a dangerous weapon within an assembly of people and place those people in reasonable apprehension of serious injury … “(Class C felony).

The court document list 10 witnesses employed in various capacities by the MPD, as well as six other witnesses.

A court magistrate issued a no contact order against the defendants, meaning they cannot contact the victims.

Additionally, the court assigned public defender Aaron Siebrecht to represent the defendants.

According to police reports, at 11:47 p.m. April 13, officers were called to the 700 block of East Anson Street to investigate a complaint of gunshots. Upon arrival, and following a preliminary investigation, officers determined an altercation had occurred outside just a block away in the 700 block of May Street.

During this altercation, one of the teens displayed, and ultimately fired, multiple gunshots, injuring two 17-year-old males.

Then just a few hours later, at 5:54 a.m. April 14, officers executed a search warrant in the 800 block of East Anson Street where they arrested the two defendants.

“This was not a random act of violence,” said Marshalltown Police Chief Mike Tupper, adding it appears that all parties were acquainted.

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Contact Mike Donahey at 641-753-6611 or mdonahey@timesrepublican.com

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