Additional charges to be filed next week for accused nightclub shooter

CEDAR RAPIDS — A prosecutor confirmed Friday that Timothy Rush, already charged with fatally shooting his girlfriend April 10 at the Taboo Nightclub and Lounge, will face additional charges next week because a man seriously injured that night died July 24.

Assistant Linn County Attorney Mike Harris, during a pretrial Friday for Rush, 32, of Cedar Rapids, told a judge that his charges will be amended for the death of Marvin L. Cox, 31, of Cedar Rapids, who died from his gunshot injuries.

A memorial service for Cox will be Saturday, according to obituary on the Cedar Memorial website. Cox was born in Chicago, Ill. He “loved sports, especially basketball,” and enjoyed playing video games.

“Marvin was an awesome father and was a role model to many,” according to the obituary.

While Cox was on life support in the hospital after the shooting, his mother, Marie Mulkey, of Cedar Rapids, told The Gazette she had been with him every day.

“It’s very hard for us. He’s sitting in that hospital fighting for his life,” Mulkey said.

During Friday’s hearing, Harris and Rush’s lawyers, Lindsay Garner and Tyler Johnston, indicated the trial remains on track to begin March 28 in Linn County District Court.

Sixth Judicial District Judge Sean McPartland discussed with the attorneys using juror questionnaires for the trial to help eliminate those who feel they can’t be fair and impartial.

Rush is accused of fatally shooting Nicole Owens, 35, his girlfriend and mother of his 1-year-old daughter, and of shooting and seriously injuring Cox, who had been on life support.

The other man charged in the shootings, Dimione Walker, is accused of fatally shooting Michael Valentine, 25.

Rush was charged with 15 felonies: one count of second-degree murder; three counts of willful injury causing serious injury; intimidation with a dangerous weapon; three counts of reckless use of a firearm causing serious injury; three counts of willful injury causing bodily injury; three counts of reckless use of a firearm causing bodily injury; and felon in possession of a firearm.

The criminal complaint states that Rush “fired intentionally and indiscriminately,” with what police believe was a 9 mm handgun, into the large crowd at the club.

After further investigation, an amended complaint stated Rush also shot Alazia Cotton and Makayla Stokes, causing them serious injuries, and Traniece Worley, Denise Triplett and Richard Nicksion, who suffered bodily injuries.

According to the complaint, 10 people were shot, but the other victims are not named.

Rush, who his lawyer said worked security at the club on weekends, was captured on video surveillance at the Taboo nightclub carrying a gun the morning of the shooting, a criminal complaint stated. The video also captured the shooting.

The video showed Rush running out of the club after the shooting, according to the complaint.

Rush remains in jail under a $1.5 million cash or surety bail.

Walker, 29, who is accused of fatally shooting Michael Valentine, remains at the Stateville Prison in Joliet, Ill., on parole violations for possession of a weapon, after being arrested near Chicago in April.

Linn County Attorney Nick Maybanks said this week he is working with Iowa and Illinois officials to return him to Cedar Rapids.

When Walker is back in Iowa, he will be charged with first-degree murder, intimidation with a dangerous weapon, going armed with intent and felon in possession of a firearm, according to the Linn County Attorney’s Office.

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