Judge to rule next week on immunity issue in Iowa City Ped Mall shooting

IOWA CITY - A judge ruled Thursday to move the murder trial of Lamar Wilson out of Johnson County, but he didn't decide whether to have an evidentiary hearing to determine if Wilson should have immunity from prosecution.

6th Judicial District Judge Paul Miller will make a written ruling early next week on the hearing or 'mini-trial” to determine if Wilson, who is claiming the 'stand your ground” defense, was justified in using deadly force when he fatally shot one man and injured two others on the Ped Mall in August.  

Miller said he'll likely know Friday where the trial can be moved. He also will rule on the defense's motion to sever a gang participation charge from this trial, which it claims is prejudicial.

Wilson is charged with first-degree murder, two counts of attempted murder, three counts of intimidation with a dangerous weapon and criminal gang participation. He is accused of shooting Kaleek Jones, 23, and two other men on Aug. 27. Jones later died as the result of a gunshot wound to his back and neck.

Defense lawyers and prosecutors started arguing for and against the immunity issue last Friday and continued arguments Thursday.

John Bruzek, Wilson's lawyer, argues deadly force may be used 'when defending against an imminent threat of deadly force, or the actual use of deadly force by an assailant,” according to Iowa law.

Bruzek said the legislators knew the intent of the new law, enacted July 1, that would grant immunity from prosecution and they did it to 'prevent abuse by prosecutors.”

Assistant Johnson County Attorney Rachel Zimmermann Smith asked the judge to read the entire statute of the law and look at the plain meaning of the language. The law only grants immunity for criminal or civil liability for 'all damages incurred by the aggressor.” She said the statute refers to criminal liability for all financial damages, not 'immunity from prosecution.”

Zimmermann Smith argued there's nothing in the bill, the Iowa Code, the Iowa Rules of Criminal Procedure or the immunity provisions of other states that would indicate the lawmakers intended to provide immunity from criminal prosecution.

Wilson's trial is set for Nov. 7, but it will be reset and must start before Dec. 6 because Wilson has demanded his right to a speedy trial.

If convicted of the murder charge, Wilson faces life in prison without parole.

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