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Judge rules to move Cedar Rapids teen charged in fatal shooting out of juvenile detention
16-year-old will be moved to county jail but kept separate from adults

Jun. 2, 2023 11:22 am, Updated: Jun. 2, 2023 1:38 pm
CEDAR RAPIDS — A judge ruled this week that a Cedar Rapids 16-year-old will be moved out of the Linn County Juvenile Detention Center because it lacks the space and staffing needed to keep him and three other juveniles also charged in the fatal shooting of 16-year-old Michael McCune in February.
In his ruling, 6th Judicial District Chief Judge Lars Anderson said evidence at a hearing established that the detention center is struggling to meet the needs of Tramontez Lockett and the others due to staffing limitations.
A detention official testified last week that an additional living pod was made to accommodate Lockett and the juveniles who have no-contact orders — meaning they can’t communicate with each other pending their trials — but the center can’t ensure all their needs are met, including educational classes and safety.
Assistant Linn County Attorney Molly Edwards asked Anderson to move Lockett because he is the oldest of the five — he will turn 17 in July — and was one of the first charged in adult court with first-degree murder, conspiracy to commit a forcible felony, first-degree theft and going armed with intent in adult court.
The other juveniles charged in the fatal shooting:
- Dante Irvin, 15, of Cedar Rapids, charged in juvenile court with first-degree murder, conspiracy to commit a forcible felony, going armed with intent and a probation violation. Prosecutors will ask during a June 9 hearing for the charges to be waived into adult court.
- Baynon Berry, 16, of Marion, charged in adult court with first-degree murder, conspiracy to commit a forcible felony, going armed with intent and a probation violation.
- Devin Gardner, 16, of Maquoketa, charged in adult court with first-degree theft, conspiracy to commit a forcible felony and accessory after the fact.
Lockett and the three others have been rotating in and out of school classes at the detention center, but it has become more difficult because the center doesn’t have enough teaching staff and there are safety concerns, William Wright, associate director, said a last week’s hearing.
In his ruling, the judge said the analysis of the code section that supports the prosecution’s motion is that Lockett is facing serious charges, including murder, and he had a significant history in juvenile court dating to 2017. He has juvenile adjudications — convictions — for thefts, burglaries, assaults, eluding and weapons violations, according to the ruling. Lockett also had numerous placements in juvenile court, including the state training school in Eldora, Anderson noted.
Anderson, in the ruling, said Lockett will be detained in alternate placement when bed space is available in “suitable facility.”
Edwards told The Gazette that Lockett will be moved to a county jail “sight and sound separate from adults,” as required by Iowa law. There aren’t any available beds at this time, so he will remain in the juvenile center for now.
Anderson set a review hearing for June 29.
McCune fatal shooting
Lockett, Irvin, Berry and Gardner are accused of conspiring in a “targeted” attack on McCune over past conflicts, according to criminal complaints.
Police found McCune with eight gunshot wounds about 11:30 a.m. Feb. 18 inside the entryway of a building at Tan Tara Apartments, 1640 F Ave. NW.
Lockett and Gardner were seen on video surveillance at the Kum & Go, 2604 16th Ave. SW, and identified as the two who stole a 2019 Toyota RAV4 from that location the day of the fatal shooting, according to the complaint. Lockett and Gardner then met Irvin and Berry and all four went to the Tan Tara Apartments in the stolen vehicle, the complaint stated.
McCune’s phone showed Lockett had been messaging him through Snapchat and had arranged to pick up McCune at the apartments, according to a search warrant affidavit and complaint.
When Lockett, Irvin and Berry saw McCune, Irvin and Berry started shooting at him. One of the two ran into the apartment building, continuing to shoot at McCune at close range, according to the complaints.
Comments: (319) 398-8318; trish.mehaffey@thegazette.com