Robbery charges against Iowa City man dismissed

Johnson County Assistant County Attorney Ann Lahey is appealing a judge's order granting a dismissal of multiple robbery charges against an Iowa City man due to his right to a speedy trial being violated, according to court documents filed Monday.

Ahkinea Cox, 30, who police said was caught in the act of robbing Gasby's convenience store in November 2008 and also charged for robbing a Deli-Mart Store and Hy-Vee just a few months before, will not face three charges of first-degree robbery, interference with official acts, and operating while intoxicated stemming from the incidents.

According to police complaints, Cox along with another man, had been involved in multiple robberies were clad in what was described as black “ninja” clothing before fleeing while displaying a handgun during two of the robberies and robbing one store by knife point.

During criminal proceedings, Cox waived his right to a speedy trial within 90 days, but did not waive the right to have a trial within a year, according to court documents filed Monday. When proceedings were suspended for a competency evaluation on Sept. 4, 2009 Cox had reached day 274 of the one-year period withing which his trial was to be held, according to court documents, and the trial was to be start by Dec. 8, 2009. A judge determined Cox fit to stand trial and on February 10, 2010, and set Cox's trial for May 3, 2010.

“The Court then believed that the suspended proceedings meant that counting of days stopped until proceedings were reinstated on or about Feb. 11, 2010,” Judge Marsha Bergan's ruling stated. Bergan also stated that the one-year speedy trial rule does not automatically exclude the time limits any period of delay resulting from determining mental capacity of the defendant.

Lahey argued against the ruling, saying there had been no objection filled by Cox's attorney – Mark Meyer of Cedar Rapids - but Bergman said under Iowa law, that did not matter.

Bergan concluded that the deadline to the right to a speedy trial passed while proceedings were suspended, and said there was no good cause why Cox was not brought to trial within a reasonable time.