Lasley

Just days before Ilias Lasley is to be sentenced, his attorneys have filed a request for a new trial.

On May 22, Lasley, 31, of Ankeny, was found guilty of the second-degree murder of Frances Gasca. He was originally charged with two counts of first-degree murder — one for Gasca and another for Mario Murillo, both of Marshalltown, who were each shot seven times in April of 2024.

During Lasley’s trial, a jury lowered the first-degree murder charge to second-degree and acquitted him of Murillo’s death. Lasley is set to be sentenced on Friday.

According to the new trial request, filed on Monday by defense attorneys Christine Branstad and David Newkirk, it is justified because of credible evidence, inconsistent verdicts and the fact that he did not receive a fair and impartial trial.

“The verdict does not make sense with the evidence presented at trial,” the request states. “The verdict indicates Lasley intentionally and maliciously shot Frances Gasca while simultaneously finding he was not criminally responsible for Mario Murillo’s death. Overwhelming evidence and the jury verdict indicate Gasca [was] shot during an exchange of gunfire. If the jury believed Lasley was justified in firing, that justification necessarily applied to both shootings. If the jury believed another shooter killed Mario Murillo, then that finding contradicts the state’s theory and the evidence and leaves no basis for concluding Lasley acted with malice aforethought toward Gasca. The verdicts are irreconcilable with each other, inconsistent with the evidence and contrary to Iowa law.”

To be convicted of second-degree murder, it had to be proven that Lasley acted with malice aforethought and that he intentionally shot Gasca. The jury also illustrated with the verdicts that Lasley was either justified in shooting Murillo, or Murillo was shot by another person, the attorneys argue.

“No evidence indicated Mario Murillo or Frances Gasca had a firearm that would justify shooting in this case,” the request states. “Thus, Lasley would be justified based on the actions of a third party, as demonstrated by evidence presented at trial. Application of justification to one victim of a shooting but not the other, is inconsistent. To find Lasley to be justified for the shooting of one victim but not the other within a single incident is . . . factually inconsistent.”

The request refers to an Iowa Supreme Court State v. Halstead ruling, which found a conviction of one person’s death in a vehicular homicide case, and not the other person to be factually inconsistent.

During the trial, Lasley’s attorneys said there was another shooter and their client reacted when shots were fired. It was heavily implied that the other shooter was Raul Ricardo Mares Rodriguez, Gasca’s boyfriend. Branstad told the jury that Mares Rodriguez was very jealous and subjected Gasca to physical abuse. Gasca was alleged to be having a covert relationship with Murillo.

“No significant evidence indicated hatred or intent [by Lasley] to kill Francis Gasca,” the request states. “The evidence overwhelmingly indicated Lasley accidentally shot Gasca while defending himself from Mares. Again, the verdict is inconsistent in this scenario.”

The evidence at the scene of the shooting, the inconsistencies of Mares Rodriguez’s statements and Lasley’s testimony established that Mares Rodriguez fired upon Gasca and Murillo and Lasley was in the line of fire, they wrote.

“Logic indicates the jury entered a verdict based on evidence showing Mares shot and killed Mario Murillo – the man having an affair with his girlfriend,” the request states. “No evidence indicates (that) Lasley fired upon Gasca or Mares with actual hatred, evil purpose or unlawful purpose.”

During the trial, the jury also found Lasley guilty of two counts of being a felon in possession of a firearm, which are Class D felonies carrying maximum penalties of five years in prison and a $7,500 fine. Second-degree murder is a Class B felony and carries a maximum penalty of 50 years in prison.

Contact Lana Bradstream at 641-753-6611 ext. 210 or lbradstream@timesrepublican.com.