Family testifies about donut incident before Cedar Rapids shooting

Lovie Allen, 21, of Cedar Rapids, testified today the confrontation between his family and Derrick Roberts started when his aunt Mildred Allen unintentionally threw a donut at Roberts outside the Mission of Hope last year.

Lovie Allen said Roberts asked his aunt “Why did you throw that donut at my foot . . .?” He and his brother and father got out of their van to defend Mildred. His father, Albert Allen, acted as the “peacemaker” and held him and his brother back as they were ready to confront Roberts.

Roberts, 35, of Cedar Rapids, is on trial in Linn County District Court  for attempted murder, intimidation with a dangerous weapon and willful injury causing serious injury. He is accused of shooting Delores Smith, 50, of Cedar Rapids, April 29, 2009 while she was in a parked van outside of Mildred Allen's home in the 1200 block of Third Avenue SE. Smith was seriously injured in the shooting.

The state started it's case today. The trial is expected to go through Thursday.

Albert Allen testified earlier that he was trying to diffuse the situation with Roberts. He asked Roberts several times “Is everything OK?” Roberts told him yes but then got on his phone. The Allens left the mission parking lot and went to the Salvation Army but Albert Allen said he felt uncomfortable about the situation.

Lovie Allen said he didn't threaten Roberts and he didn't have a gun. He admitted to being a former gang member of the Black Disciples when he lived in Chicago but wasn't with them now or at the time of the shooting.

Lovie Allen said after the confrontation they drove to his aunt's home. Smith, his mother, was driving and he was the front passenger. Albert Allen, his brother and his 3-year-old niece were in the back seats.

Lovie Allen said a few minutes after parking Mildred Allen went inside her apartment and then he saw Roberts walking up towards their van with a gun.

“He said ‘Now, mother f….',” Lovie Allen said. “He shot up the van and my mother was hit. It came through the front windshield right by me. She (mother) said she was hit and I pulled her down and out of the driver's seat and I drove the van to the hospital.”