15-year-old pleads guilty to first-degree murder of Michael McCune in Cedar Rapids

CEDAR RAPIDS — A 15-year-old pleaded guilty Monday and admitted to having “premeditation and to willfully, deliberately and with specific intent” fatally shooting 16-year-old Michael Alexander McCune at a northwest Cedar Rapids apartment complex Feb. 18.

Dante Irvin, who will be a sophomore in high school in the fall, is charged as an adult and pleaded to first-degree murder as a youthful offender. He will remain under the jurisdiction of the Linn County Juvenile Court until he turns 18, at which time he will return to district — adult — court and a judge will decide whether to sentence him to life with the possibility of parole, a lesser prison term, probation, or he could be released.

Irvin will first return to juvenile court for disposition, meaning a judge will order him to go to a juvenile facility, such as the State Training School in Eldora or another facility. That hearing hasn’t been set at this time.

During Monday’s plea hearing, which was attended by Irvin’s family and friends and McCune’s mother and her son, Irvin admitted to shooting McCune and that he died as a result of Irvin’s actions.

According to a criminal complaint, Irvin conspired with three other teens, also charged, to fatally shooting McCune in a “targeted” attack over past conflicts.

Sixth Judicial District Judge Ian Thornhill, during the plea, told Irvin the maximum penalty for first-degree murder as a juvenile is life in prison with the possibility of parole. The court can determine when Irvin will be eligible for parole and there is “no guarantee” on what the sentencing may be at that time, the judge noted.

  Buy Photo

First-degree murder is usually a life sentence without the possibility of parole in Iowa, but life sentences without a chance at parole of juveniles like Irvin were banned in 2016 by the Iowa Supreme Court, following the U.S. Supreme Court’s same decision in 2012.

Thornhill told Irvin his conduct while under juvenile jurisdiction — at a juvenile facility — will be considered at sentencing. Irvin will return to district court before his 18th birthday, which will be in December 2025.

At sentencing, the other two charges of conspiracy to commit a forcible felony and going armed with intent will be dismissed, as part of a plea agreement, Thornhill said.

Irvin also will be ordered to pay victim restitution of $150,000 to McCune’s estate at the time of sentencing.

Irvin will remain in the Linn County Juvenile Detention Center under a $2 million bail pending his juvenile court disposition.

His juvenile placement hasn’t been determined yet but may prove to be difficult because earlier this month a letter obtained by The Gazette that was written by Kelly Garcia, director of Iowa Department of Health and Human Services, to Irvin’s juvenile court officer asked the court not place the teen at the Boys State Training School.

Recommended Reading

15-year-old faces murder charge in adult court

She said doing so “would put his life and the lives of other students and STS (state training school) staff at risk of serious harm.”

Garcia said McCune, a former student at the training school, “identified” with a Cedar Rapids area gang, “The Money Boyz.” And Irvin has a known affiliation with a “rival gang, who are suspected to be responsible” for McCune’s fatal shooting, she wrote.

Several of McCune’s friends “and former gang members” now live at the training school, Garcia said in the letter. The school is an open campus and not a prison or detention facility. The school is unsecured — with no fencing, external walls or guard towers, and staffers don’t carry guns, she said.

Garcia, in the letter, said if Irvin was sent to the school, she would request he immediately be removed after placement.

The other juveniles charged in this case are:

Cedar Rapids police found McCune with eight gunshot wounds about 11:30 a.m. Feb. 18 inside the entryway of one of the buildings at Tan Tara Apartments, 1640 F Ave. NW.

Lockett and another individual — likely Gardner, based on the charges — 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 the individual met two others — Irvin and Berry, based on charges — 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, who was on a home visit from the training school, at the apartments, according to a search warrant affidavit and complaint.

When Lockett and two others — most likely Irvin and Berry, based on the charges — saw McCune, the two individuals with Lockett started shooting at McCune, the records show. One of the individuals ran into the apartment building, continuing to shoot at McCune at close range.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com