Cedar Rapids man accused of hiring 2 men to kill Chris Bagley wants murder charge tossed

CEDAR RAPIDS — A Cedar Rapids man charged with hiring two men to kill Chris Bagley in 2018 asked a judge Friday to dismiss the first-degree murder charge because the evidence doesn’t support it.

Lawyers for Andrew Shaw, 36, of Cedar Rapids, argued the prosecution can’t prove a joint criminal conduct theory behind the charge because there aren’t two separate crimes — the crime that a defendant knowingly participated inn and a second or resulting crime that is unplanned but could be expected because of the first, according to a motion to dismiss.

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Julia Zalenski, one of Shaw’s lawyers, said there was an assault — Bagley being stabbed — and the murder. But those aren’t separate crimes, so there’s nothing to support joint criminal conduct, she argued. Zalenski also argued there are no alleged facts by the prosecution that distinguish between the allegation that Shaw aided and abetted and the solicitation to commit murder charge.

Aiding and abetting is active participation or by encouraging someone to commit the crime, according to her written motion.

Solicitation to commit murder requires a defendant’s “commands, entreats, or otherwise attempts” to persuade another to commit the crime, the motion stated. In this case, there’s no evidence other than solicitation, Zalenski said.

Shaw is accused of asking Drew Wagner, 39, and Johnny Blahnik Church, formerly known as Drew Blahnik, 37, to kill Bagley and offering compensation if they did, Zalenski wrote in her motion.

“In other words, Mr. Shaw is alleged to have entreated or otherwise persuaded Mr. Church and/or Mr. Wagner to commit murder,” according to the motion.

First Assistant Linn County Attorney Monica Slaughter, in her resistance, argued there was “ample” evidence to support the aiding and abetting theory. Shaw is accused of aiding and abetting Blahnik Church and Wagner in killing Bagley by soliciting the fatal stabbing in the “first place, thereby encouraging” it before it was committed.

Shaw paying the two men, “his message regarding people going missing every day, his statements after the murder that Bagley’s death was the best money he’s ever spent, all prove the defendant intended the murder be committed,” Slaughter argued.

For the joint criminal conduct, there must be two acts, which in this case started as an assault but turned into a “vicious” fatal stabbing, she said. The assault can be considered a distinct act from murder.

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The defense also wants to exclude evidence from trial that Shaw participated in distributing drugs and that he was convicted in federal court. Shaw’s drug activities aren’t relevant to the allegations in this case and would be prejudicial to Shaw, Johnson County Chief Public Defender Peter Persaud argued.

The prosecution has evidence that Bagley robbed Shaw’s shop, assaulted him and stole from him, which may have been motivated by Shaw’s involvement in distributing drugs, he argued. But going into Shaw’s activities isn’t necessary to explain Shaw’s and Bagley’s relationship, Persaud said.

Slaughter argued Shaw’s drug distribution is “highly relevant.” Shaw being a drug dealer is “inextricably intertwined” in the facts of the case. It would be prejudicial to the prosecution to exclude this evidence, she said.

Bagley was killed because he was liability to Shaw’s drug operations, Slaughter said. That evidence will prove Shaw’s motive of why he wanted Bagley killed, she argued.

Sixth Judicial District Judge David Cox took the motions under advisement and said he would rule in a few weeks.

Shaw is charged with first-degree murder, solicitation to commit murder and conspiracy to commit forcible felony. He was charged in 2023 in the fatal stabbing of Bagley, 31, of Walker, after being released from a federal prison for trafficking marijuana in Cedar Rapids.

Shaw is accused of aiding and abetting Wagner and Blahnik Church — both convicted in Bagley’s fatal stabbing — between Oct. 1, 2018, and Feb. 20, 2019, according to the complaint.

The complaint stated Shaw hired the two men to kill Bagley and paid them for the crime.

Blahnik Church is serving 57 years in prison for Bagley’s killing and also is serving time for assaulting another inmate while he was in the Linn County Jail.

Wagner, who pleaded to voluntary manslaughter, assault while participating in a felony, conspiracy to commit a forcible felony, abuse of a corpse and obstruction of prosecution, was sentenced to 47 years.

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