Chicago shooter sought retaliation after being hit by donut

A jury has been selected in the attempted murder trial of Derrick Roberts, 23, of Chicago, in Linn County District Court.

The defense and prosecution began their opening statements at 1:45 p.m. Testimony of witnesses won't start until Tuesday.

Roberts is charged with attempted murder, intimidation with a dangerous weapon and willful injury causing serious injury. He is accused of shooting Delores Smith, 50, of Cedar Rapids, May 2, 2009 while she was in a parked van in the 1200 block of Third Avenue SE. Smith was seriously injured in the shooting.

This case is about the choices Derrick Roberts made last year when he felt disrespected after being hit by a powdered sugar donut and decided to take revenge, Assistant Linn County Attorney Jason Burns said in his opening statement.

It started at the Mission of Hope when the Allen family came to the shelter to get some items April 29, 2009, Burns said. Mildred Allen ran into Roberts who was outside the mission as she was eating a donut and decided she didn't want it, so she tossed it and it accidentally hit Roberts' pant leg.

Burns said Mildred Allen and Roberts got into a verbal argument and then her family joined in. The Allens then left but it wasn't over for Roberts. He called his friend to get a gun and a friend who had a car, Maria.

“Roberts, his brother and Maria drive around the south side (of town) looking for the Allen family,” Burns said.

Roberts finally finds the family parked in a van outside of Mildred Allens' house on 3

^rd

Avenue SE.

“Mildred goes inside and the other members stay in the van, including Lovie Allen, his mother Delores Smith and her 3-year-old grandbaby,” Burns said.

Roberts and his friends pull in a back alley, he pulls up his hoodie and sneaks up to the van with a loaded gun, Burns said.

“Witnesses will testify he said ‘Now, Mother F……' and then riddles the van with bullets.”

Roberts then returns to Maria's house, fixes a big glass of liquor and takes a bath while Lovie Allen is rushing his mother to the emergency room. Smith, who is in critical condition with gunshot wounds, is air lifted to Universities Hospitals in Iowa City.

“This isn't a whodunit case,” Burns said. “You will hear Roberts admit to the shooting in police interview and how he felt disrespected when that donut was thrown at him.”

Mike Lahammer, Roberts attorney, said in his opening that Burns is correct about some of the things that happened that day but Roberts didn't intentionally shoot at Smith and a donut wasn't the reason he fired at the Allens' van.

“This isn't a whodunit,” Lahammer said. “Roberts shot 8 to 10 times at the van. He didn't know who was in the van. He didn't know a 3-year-old was in the van.”

This started because Lovie Allen threatened Roberts with a gun that day outside the mission and spit on him, Lahammer said.  Roberts was scared of Allen. Lovey Allen is a member of the Black Disciplines gang out of Chicago, he said.

Lahammer said when Roberts approached the van, Smith alerted her son.

“Derrick was yelling ‘No, Mother F…..', not ‘now,' Lahammer said. “Evidence will show Derrick Roberts was 30 feet away from the van when this happened. He wasn't shooting at Smith.”

Roberts came here from Chicago to avoid violence, Lahammer said. He knew Lovie Allen was a gang member and knew he carried a gun.

“He was shooting and retreating,” Lahammer said.

Witness testimony will begin 9 a.m. Tuesday. The trial is expected to last through Thursday.