Date set for retrial of man accused in 2009 shooting death of landlord

CEDAR RAPIDS - The date for the retrial of a 25-year-old man accused of killing an Iowa City landlord in 2009 has been set for March 13 in Johnson County District Court.

Justin Marshall is charged with first-degree murder in the Oct. 8, 2009, fatal shooting of John Versypt, 64, at the former Broadway Condominiums in Iowa City. Authorities said Marshall intended to rob Versypt, who was the landlord, but ended up shooting him in the head and hand.

The Iowa Supreme Court upheld the appeals court ruling that overturned the conviction last year.

Last September, before Marshall's retrial was to start, Sixth Judicial District Judge Sean McPartland stayed proceedings because the prosecutor in the case asked the state attorney general to request a review of the case by the U.S. Supreme Court. The court declined to review it last month.

McPartland, who was in Cedar Rapids Friday, had a telephone conference with the defense and prosecution, who were in Johnson County on Friday, to discuss a new trial date.

Marshall first demanded his right to a speedy trial, which would require proceedings to start Feb. 21, but after much discussion on limitations with filing motions and other issues, Marshall waived that right and March 13 was agreed upon.

Thomas Gaul, Marshall's lawyer, however, indicated he may file a change of venue motion and McPartland warned him if the trial is moved to another county it wouldn't be possible to start on March 13.

Gaul said he understood and would talk to Marshall after the hearing.

Marshall's conviction was overturned by the Iowa Court of Appeals in 2015. The appeals court ruled the testimony of Antonio Martin - one of Marshall's cellmates at the Muscatine County Jail - should not have been included during the trial. Martin had an agreement with federal authorities to provide information on Marshall in exchange for a reduced sentence.

The appeals court found Martin was acting as an 'agent of the state” or for police, and Marshall should have had an attorney present during any questioning by Martin.

Then, last June, the Iowa Supreme Court upheld the appeals court ruling.

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