Swisher man acquitted of driving pickup truck into protesters last year

CEDAR RAPIDS — A Linn County jury on Thursday acquitted a Swisher man charged with driving his pickup truck into abortion protesters last year.

The jury deliberated more than five hours Thursday after the three-day trial in Linn County District Court before finding David Alan Huston, 54, not guilty of assault by use of a dangerous weapon-vehicle, an aggravated misdemeanor, and leaving the scene of a personal injury accident.

A sealed verdict — not read in open court, which is typical in misdemeanor cases — was filed by Associate District Judge Russell Keast.

Mark Brown, Huston’s lawyer, didn’t immediately respond to a request for comment.

Assistant Black Hawk County Attorney Heather Jackson, who prosecuted the case, declined to comment.

Ayla Boylen, a protester who testified against Huston, said Thursday, “I believe this acquittal sets a dangerous precedent for the safety of anyone practicing their First Amendment rights in the state of Iowa.”

Testimony

Huston, who testified Wednesday, said he didn’t hit anyone with his vehicle on June 24, 2022.

He said he was driving a 2020 Ford F-150 Raptor, heading west on Eighth Avenue SE on his way to Interstate 380 after having dinner with his family at the Barrel House restaurant.

He said he didn’t know demonstrators had gathered behind the federal courthouse to protest the U.S. Supreme Court that day overturning the Roe v. Wade decision that had legalized abortion in the nation in 1973.

Huston denied having ill will toward protesters, saying he didn’t even know about the ruling or a demonstration.

Huston was stopped at the Second Street SE intersection behind a car. His truck was in the outside lane, closest to the sidewalk.

The traffic light cycled twice as protesters crossed Eighth Avenue. When the light was green again, he said, the car in front of him moved forward and then stopped, so he went into the other lane to go around the car that was in the intersection.

The prosecution showed a surveillance video of the incident several times throughout the trial, which showed the truck driving into the crowd and continuing to move forward with demonstrators in front of it.

Huston said more than once that he stopped his pickup before coming into contact with anyone. He had no “intention” to assault anyone or use his car as a “dangerous weapon.”

One of the protesters, Kyleigh Wright, who testified Tuesday, slammed a sign on his truck on the driver’s side and kicked the truck’s door, Huston said.

Another man, holding a red sign, then struck the inside of his cab, and Wright reached in the window and slapped his arm, Huston testified. As he slowly moved his truck forward, several people ran over to his truck.

Huston said he “feared” for his life.

Jackson, the prosecutor, asked during cross-examination if Huston hadn’t told Cedar Rapids police Sgt. Ryan Dunbar that he had “laid on the horn because people needed to get out of the road and this had gone on long enough.” He denied saying that until Jackson played him the police recording.

Huston then admitted he had made those statements during a July 5, 2022, interview. He also later admitted telling police he was going at a “slow rate of speed, and if they would have had a brain, they would have gotten out of the way.”

Huston denied hitting anyone but did agree with Jackson when she said his pickup had made contact with people.

Protesters

Two women, participating in the protest that day, testified they were in front of Huston’s pickup truck as it drove into them while they were in the crosswalk.

Kyleigh Wright said she started to cross an intersection when she noticed a pickup truck coming toward her but she thought it would stop.

“I was scared,” Wright, 22, testified Tuesday. “I was a pedestrian, and it was a vehicle.”

Boylen, during her testimony Wednesday, said Wright was in front of the truck with her arms held out in front of her, so she adopted the same stance in an effort to get the pickup to stop.

The pickup continued to accelerate, and Boylen said she felt her shoes slipping off as she braced against it. She then moved out of the way.

She testified she thought the pickup driver was “willing to kill her.”

Elected officials

Two elected officials — Cedar Rapids City Council member Ashley Vanorny and Linn County Attorney Nick Maybanks, whose office would have prosecuted the case had he not been at the scene that day — were called to testify.

Vanorny said she crossed the intersection with one of Maybanks’ daughters and, as she turned to look back to see if everyone had crossed safely, she saw the black pickup truck drive into the intersection as others were crossing — and it didn’t stop.

The pickup approached a pedestrian and “nudged” her, Vanorny testified. She acknowledged that protesters surrounded the truck after it had “physically engaged” with the pedestrian.

Maybanks said his office referred the case to Black Hawk County Attorney Brian Williams, and Williams made the decision to file charges.

Maybanks testified after he crossed the intersection, he noticed a “commotion” behind him. A pickup was in the middle of the intersection in the crosswalk area. It was kind of “shocking” to see the truck there, Maybanks said. Then he saw two women in front of the truck. One was leaning forward and one was pushing against the truck.

The truck, he said, was “jerking” forward.

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