Cedar Rapids man found guilty of attempted murder

A  man who shot his friend with a Tec-9 assault pistol, causing him permanent nerve damage, was found guilty Wednesday of attempted murder and other charges by a judge following last month's bench trial in Linn County District Court.

Sixth Judicial District Judge Ian Thornhill said James Breen, 28, of Cedar Rapids, knowingly and voluntarily used the assault pistol to shoot Cory Forbes, 28, of Cedar Rapids, three times on Nov. 18, 2012. Thornhill found him guilty of attempted murder, willful injury causing serious injury and carrying weapons. He found him not guilty of going armed with intent.

Breen didn't show any reaction when the judge read his verdicts. His family members and friends were at the hearing.

Sentencing will be Sept. 13, in Linn County District Court. Breen faces up to 37 years in prison. He would have to serve 70 percent of the 25-year sentence on attempted murder before being eligible for parole.

Sixth Judicial District Judge Ian Thornhill read his 13-page verdict in open court. The verdict included facts of the case, summary of the testimony, elements of each charge and Thornhill's conclusions of law.

Linn County Attorney Jerry Vander Sanden said this was an important case to try because of the gun violence, even if the victim was unwilling to testify at trial.

"I think the public is fed up the gun violence... and the victim in this case suffered serious permanent damage.

According to testimony, Breen shot Forbes three times with the 9-millimeter semi-automatic pistol, outside of Rumors Bar and Grill that night. He first pointed the gun at Forbes' cousin, Sean Hiepler, 24, of Mount Vernon, and then he shot Forbes as Forbes attempted to stop him.

Forbes was shot in the abdomen twice and once in the hip, thigh area, which caused permanent nerve damage to his bowels and colon, according to testimony. Forbes didn't take the stand.

Breen testified in his own defense last month, claiming diminished capacity because he was intoxicated and didn't remember shooting the man he regards as a "brother." His blood alcohol content level was 0.272 when he was tested at the hospital. The legal limit is .08 percent.

Breen said it wasn't his intent to shoot his Forbes or to point the gun at Hiepler. It was his habit to carry the Tec-9 pistol, fully loaded any time he left his home for self-protection and admitted to sticking it in his front waistband of his pants Nov. 18, 2012 when the three of them went out to Rumors Bar and Grill.

Breen said he had been mugged, robbed and "jumped" in the past, so six months before November 2012 he bought the gun from a neighbor. He had no knowledge of the assault gun but because of the past incidents he decided to arm himself with "whatever he could get a hold of." In fact, that was the first time he had pulled the trigger, he said.