Businessman in handcuffs faces judge in court

February is going to be busy for the criminal justice system in Marshall County.

In November, the Iowa Supreme Court suspended in-person jury trials until Feb. 1 because of the ongoing COVID-19 pandemic. Friday in Marshall County will be packed with pre-trial conferences — more than 25.

Marshall County Clerk of Courts Carol Haney said the pre-trial conferences are intended for the prosecution and defense to come to agreements without juries. If agreements are not reached, then the cases will go to jury trials, with the first one scheduled for Feb. 16. The state court system has 32 separate cases scheduled for Feb. 16 in Marshall County — all beginning at 9 a.m.

However, Haney said it would be impossible to hold that many cases at once. She said if any of the cases end up proceeding to jury, only one will be held on Feb. 16. The rest will be scheduled for another day.

“We are going to get slammed. We have been without jury trials for a year,” she said. “We might need extra jury trial dates.”

District Court Judge John Haney said a variety of factors will determine whether or not a case will go to trial.

“Including but not limited to, demands for speedy trial; how long the case has been pending; courtroom space availability; if the parties and counsel are prepared and ready to proceed; availability of witnesses; to name but a few,” Judge Haney said. “There are 18 criminal district court trial dates set for 2021. These are typically scheduled to commence on Tuesdays. There are 12 criminal trial jury trial dates set for our district associate court for 2021. These cases typically commence on Thursdays.”

One case on the docket Haney expects to go to jury trial is that of Mustafa Muhammad who is accused of first-degree murder.

Muhammad was arrested for the fatal shooting of Blake Thomas, 27, on March 15. Thomas died of multiple gunshot wounds. Muhammad, who is a felon, was also charged with possession of a firearm and reckless use of a firearm causing bodily injury. He pleaded not guilty to all three counts on April 5.

“I can’t imagine he would plead guilty and the county attorney would offer something less,” she said.

First-degree murder is a Class A felony in Iowa, with a maximum sentence of life in prison.

Even though jury trials have been absent, the Marshall County court system has remained busy.

“Non-jury, or bench trials, were not postponed and cases have continued to move through the courts even when jury trials were paused,” Judge Haney said. “We have greatly increased the use of video conferencing technology like Zoom.gov and GoToMeeting to conduct a wide variety of proceedings.”

The use of technology to host court proceedings does not mean the court will not be prepared for the restart of jury trials in the midst of the COVID-19 pandemic. Haney said everyone in the building will need to stay 6 feet apart and people will be staggered.

Judge Haney is concerned, but is confident moving forward.

“The judicial branch has implemented numerous procedures and protocols to keep the public, staff, parties and attorneys safe and socially distant,” he said. “These include but are not limited to requiring masks; socially distant seating; sanitizing areas; air purification systems, etc.”

Upcoming jury trials:

(If agreements are met on Feb. 5, then jury trials will not occur. If an agreement is not reached, then the cases will proceed to trial. Jury trials will begin Feb. 16.)

Defendant Charges

Vincent Ankton Second-degree burglary, operating a motor vehicles without the owner’s consent, assault

Jacob Borton Lascivious acts with a child, second-degree sexual abuse

Wade Brown Willful injury

Luis Cervantes-Pulido Third-degree sexual abuse, first-degree burglary

Douglas Davis Ongoing criminal conduct, second-degree criminal mischief, seven counts of third-degree burglary, three counts of second-degree theft, third-degree theft and third-degree criminal mischief

Cynthia Fox Possession of a controlled substance with intent to deliver, failures to affix a drug stamp, keeping a drug house

Refugio Gonzalez Third-degree sexual abuse

Lonnie Hill Two counts of possession of a controlled substance with the intent to deliver, possession of a controlled substance, eluding

Corey Hilson First-degree burglary, domestic abuse assault by strangulation, child endangerment, fourth-degree criminal mischief, domestic abuse causing bodily injury

Haylee Konicek Possession with intent to deliver

Daniel Lamere Willful injury

Darnell Lamere Willful injury

Blake Lucas Possession of a controlled substance with intent to deliver, failures to affix a drug stamp, keeping a drug house, carrying weapons, possession of a controlled substance

Ryan Minteer First-degree criminal mischief, intimidation with a dangerous weapon, eluding, assault while participating in a felony, assault on a peace officer, driving while barred

Mustafa Muhammad First-degree murder, possession of a firearm by a prohibited person, reckless use of a firearm causing bodily injury

Blake Nelson Two counts second-degree sexual abuse

Kaisha Oides First-degree theft

Tammy Papiboune First-degree theft

Jeffrey Ross Willful injury, first-degree harassment, false imprisonment

Antonio Soto-Solano Third-degree sexual abuse

Deborah Specht First-degree theft, insurance fraud

Justin Sutton Three counts third-degree burglary, two counts first-degree theft, habitual offender

Robert Thomas First-degree harassment

David Wagner Possession of a controlled substance with intent to deliver, failures to affix a drug stamp, keeping a drug house

Miko Youngbear Willful injury

Contact Lana Bradstream at 641-753-6611 or lbradstream@timesrepublican.com.