Families: Taboo shooting lacked investigation due to ‘systemic issues’

CEDAR RAPIDS — Nicole Winters feels “anger, frustration and confusion” about losing her stepdaughter, Nicole Owens, who was fatally shot by Timothy L. Rush in April 2022 inside the Taboo Nightclub and Lounge, and also about the lack of investigation and “systemic issues” that affect “people who look like me” — people of color.

Winters said Monday, in a victim impact statement at Rush’s sentencing, there was a lack of care and compassion throughout this case for her and her family. Three of Owens’ sisters were at the club that night. She said one sister, Stacia Winters, was “choked” by Rush, but no one questioned her or the others.

The stepmother said she’s a Christian and has to forgive, but “God will judge” Rush and those who fell short in the investigation of her daughter’s slaying.

“Nicole’s life did matter,” Nicole Winters said. “Two families are hanging in the balance. We now only have memories of Nicole and Marvin Cox,” who was also shot by Rush on April 10, 2022. “Pray you are never on this side and sit here wanting justice. There would have been a trial if she wasn’t like me,” — a Black person.

Justine Grant, mother of Cox’s 6-year-old daughter, said she didn’t know what to tell her child when she received the call saying Cox had been shot.

“Pain is an understatement,” Grant said.

She and her daughter, along with Cox’s other family members, watched him fight for his life for three months before he died July 24, 2022. Each day they would “live in fear” of his death. When they were told he died, she knew there would be no more “see you later alligators,” like he told his daughter. “No more hugs and kisses.”

Grant didn’t think Rush’s sentence of 30 years was fair. His life and Owen’s life “meant more,” she said.

Others in Owens’ family and Cox’s family also said they were let down by the system because of the plea deal Rush received for fatally shooting Owens, 35, and Cox, 31, both of Cedar Rapids.

Rush, 33, originally charged with two counts of second-degree murder, pleaded to lesser charges in March before his trial was to start the next week. He pleaded to two counts of involuntary manslaughter, five counts of reckless use of a firearm causing bodily injury, and one count each of intimidation with a dangerous weapon and possession of a firearm by a felon.

The criminal complaint stated that Rush “fired intentionally and indiscriminately,” with what police believe was a 9 mm handgun, into the large crowd at the club. A surveillance video captured the shooting and also showed Rush running out of the club after he stopped firing.

According to the complaint and plea, Rush also shot Alazia Cotton and Makayla Stokes, causing them serious injuries, and Traniece Worley, Denise Triplett and Richard Nicksion, who suffered bodily injuries.

Sixth Judicial District Judge Sean McPartland sentenced Rush to 30 years, running three charges concurrently and all others consecutively. He also was ordered to pay $150,000 each in restitution to the heirs or estates of Owens and Cox.

Rush has no mandatory minimum to serve and he will receive credit for good time.

Also a part of the plea agreement, federal prosecutors will not file charges regarding Rush illegally using a firearm because he is a felon, Rush’s attorney, Lindsay Garner said during the sentencing.

Rush, who was crying before the hearing started, apologized to the families of Owens and Cox, saying he never intended to hurt anybody. He said he “couldn’t move on from this or make it up” to anybody.

Victims’ families tell of trauma, heartbreak following shooting

Owens’ other family members said they didn’t believe Rush was sincere. They talked about his jealousy of Owens. Some of them said it was no “coincidence” that only she and Cox were fatally shot, because Cox was “interested” in dating Owens.

Eugene Winters Jr., Owens’ brother, said Nicole was the “light of their family” who always brought them together. He called Rush’s apology “fake.”

“What type of man are you,” the brother asked. “I don’t know.”

Deja Winters, sister of Owens, said her family is broken by this “horrendous act.” It never crossed their minds that Rush was the shooter at the time. She told Rush he let down Nicole Owens, and the daughter Rush and Owens had together.

Owens lit up the room with her “infectious smile,” Winters said. Their memories of her will live on but their “heartbreak will never go away.”

Stacia Winters, who was emotional during her statement, said she was at Taboo that night and witnessed her sister’s death. The trauma broke her and left her with “hatred.” She has flashbacks of hearing the gunshots and seeing Owens’ blood and her “shaking and trembling and fighting for her life.”

Stacia said Rush choked her after shooting her sister and then attempted to blame her for Owens’ death. Stacia said Owens wanted to leave Rush and he was jealous of Cox who was “interested” in her sister.

She told Rush he disgusted her and called him a “murderer.”

Marie Mulkey, Cox’s mother, said getting the call that her son had been shot in the head was unbelievable to her. His death has caused “deep and permanent pain” for his children and their family, including his twin brother, who didn’t give a statement but was in the courtroom Monday.

“Thirty years feels like a slap on the wrist,” Mulkey said. “Marvin and Nicole didn’t deserve this.”

Eugene Winters Sr., Owens’ father, said “You took my baby from me,” as he started to cry. “You lied and lied. I hate you. I hate you so much.”

Winters Sr. also said his daughter had wanted out of the relationship with Rush and he knew that’s why Rush killed her.

Blaycia McDowell, mother of Cox’s 10- and 12-year-old sons, said her boys were “confused and heartbroken.” They told her what they missed most about their father was just spending time with him.

Sarah James, mother of three of Cox’s children, in her statement read by a Survivor’s Program advocate, said she was five months pregnant when Cox was shot. Her child was traumatized in the womb and will be traumatized for the rest of her life.

Dimione Walker, 29, another man charged for a separate shooting that night in the club, was convicted of first-degree murder in the fatal shooting of Michael Valentine. He was sentenced to life in prison without the possibility of parole.

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