Maquoketa teen pleads in conspiracy to kill 16-year-old Michael McCune

CEDAR RAPIDS -- A Maquoketa teen pleaded to stealing a vehicle and conspiring with three other teens in the plan to kill 16-year-old Michael McCune on Feb. 18, 2023.

Devin Gardner, now 19, pleaded to first-degree theft and conspiracy to commit a forcible felony, both felonies, and accessory after the fact, an aggravated misdemeanor. He also pleaded to first-degree theft in another incident, in which he also stole a vehicle on Feb. 27, 2023, after McCune’s fatal shooting and before he was arrested.

Gardner, during the plea, admitted he knew the group of teens planned to harm or seriously injure McCune that day. He also admitted to driving the group, in the vehicle he stole earlier that day, to the Tan Tara Apartments, 1640 F Ave. NW in Cedar Rapids, where they planned to meet McCune.

Gardner also admitted to then driving the stolen vehicle out of Linn County to help conceal their involvement in the crime.

Sixth Judicial District Senior Judge Patrick Grady accepted the plea and told Gardner he could face a prison term, probation or a deferred judgment, which would be up to the sentencing judge, because there is no plea agreement on sentencing.

Gardner faces up to 32 years on all charges. Gardner, while on pretrial release last year, also was charged for burglary and assault causing bodily injury in Jackson County.

According to previous pleas in this case, Tramontez Lockett, then 17, of Cedar Rapids, started the deadly chain of events that day as he messaged McCune through Snapchat, court documents state.

Lockett knew McCune was on a home visit from the state training school and arranged to pick him up at the apartment complex. The group planned this attack on McCune based on rival gang affiliations and conflicts some had while in the State Training School, a facility for delinquent boys, in Eldora.

Lockett and Gardner, also 17 at the time, were identified on video surveillance as stealing a Toyota RAV4 earlier in the day and picking up two others — Dante Irvin, 15, of Cedar Rapids, at the time, and Baynon, known as “BJ,” Berry, 16, at the time, of Marion -- before going to the apartments.

They drove to the apartment building, and when they saw McCune, Irvin and Berry started shooting at him, according to previous court hearings in the case. One of them ran into the apartment building, continuing to shoot McCune at a close range.

Cedar Rapids police found McCune with eight gunshot wounds about 11:30 a.m. Feb. 18 inside the entryway of one of the apartment buildings. The fatal shot was to the top of his head, according to the complaint.

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Berry, now 17, pleaded to second-degree murder and faces up to 50 years in prison.

Irvin, now 17, pleaded in June 2023 to first-degree murder as a youthful offender. He was sent to the training school in Eldora and his sentencing was delayed until he turns 18.

Lockett, now 18, plans to plead Friday to second-degree murder and will face up to 50 years in prison.

Sentencing for Gardner is set for Feb. 18.

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