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Cedar Rapids, Iowa 52401
Grieving mother gives fifth victim statement in 16 year-old son’s fatal shooting
Judge needs more time to make sentencing decision, hearing resumes next Friday
Jan. 28, 2026 7:52 pm
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CEDAR RAPIDS — The heartbroken mother of 16-year-old Michael McCune, who was ambushed and fatally shot Feb. 18, 2023, told a judge Wednesday “this is my fifth victim impact statement fighting for my son’s justice.”
“Can you imagine burying your child and saying goodbye forever, all because of someone else’s hatred and actions,” Kianna McCune said during the sentencing of Dante Irvin, 18, of Cedar Rapids, who was convicted of first-degree murder at age 15 as a youthful offender. “How is any of this fair?”
She asked 6th Judicial District Judge Ian Thornhill for justice that would let the community and other teens understand this won’t be tolerated and no matter “their role and age” they will be held responsible.
The mother said her life ended that day when her “sweet, loving, funny, strong and fearless” son was taken from their family. His death has made her “vulnerable and scared” to face life without him.
“Murder grief hits so different, to have someone taken from you so maliciously, so young,” she said.
Keonte McCune, Michael’s older brother, said in his statement that life without his brother has been difficult because he only has pictures and videos and if he wants to see his brother, he can only visit a graveyard.
He and his mother weren’t prepared for this, Keonte said. It’s difficult for him to pretend “I’m OK” in front of his mother. It hurts “deep inside” every day.
“As for the defendant, he knew what he came to do that day,” Keonte said. “Willing to get in a car to know what they were going to do. Stalking around our home waiting for the opportunity to attack my brother. Which the defendant did, coming all the way inside. He wanted my brother dead that day.”
Keonte asked the court to give the “best judgment” because Michael deserves justice.
Judge Thornhill didn’t make a sentencing decision Wednesday. He listened to evidence, testimony and arguments presented by the prosecution and defense, as well as the family statements, during a four-hour hearing. Thornhill said he needed time to review all the information before making the appropriate sentencing.
He will announce his sentencing next Friday in Linn County District Court.
Irvin faces up to life with parole, probation or the judge could release him because he pleaded to first-degree murder in 2023 as a youthful offender. Irvin, who was 15 at the time of the shooting, remained under the jurisdiction of the Linn County Juvenile Court and was sent to the State Training School in Eldora. Upon turning 18, he was sent back to adult court to be sentenced.
Testimony and evidence
During the hearing, Cedar Rapids Police Investigator Sarah Lacina testified that based on surveillance video, evidence and interviews with Irvin and the other teens involved in the shooting — Tramontez Lockett, now 19, of Cedar Rapids, Devin Gardner, 20, of Maquoketa, and Baynon Barry, 18, of Marion — they lured McCune out of his mother’s residence at the Tan Tara Apartments, 1640 F Ave. NW in Cedar Rapids, Feb. 18, 2023 and then ambushed him and fatally shot him.
Irvin and Barry fired multiple shots when Michael came into the parking lot and started chasing him into one of the other buildings. Irvin was ahead of Barry, during the chase, and continued to follow Michael inside an entryway, shooting him multiple times at close range, which killed him.
Lacina said McCune was unarmed. Irvin’s motive was revenge because he thought Michael shot one of Irvin’s friends but Michael was never arrested or charged.
It was Irvin’s idea to kill Michael, Lacina said, based on interviews in the case.
Irvin wouldn’t provide any information until he was showed other teens’ statements, but only admitted to going to the apartments and getting out of the car. Not to the shooting, she said.
Investigator Thaddeus Paiser, with the department’s crime scene unit, said Barry fired eight cartridges and Irvin fired one, which were found in the parking lot. The five cartridges found in the entryway, including those fired at close range, were from Irvin’s handgun. There were “defects” on a carpet and the concrete in the entryway of the apartment, where Michael was found, which showed evidence that the bullets were fired while Michael was lying on the ground.
Psychology experts
Two experts also testified during the hearing about Irvin’s psychology and development evaluations regarding Irvin’s chances for rehabilitation. Each recommended a sentence for the judge to consider.
Veronica Lestina, a clinical and forensic psychologist in Fort Madison, recommended a “blended” sentence of juvenile and adult incarceration because Irvin was a “moderate risk to reoffend” based on her clinical and forensic evaluations.
She said Irvin had done well at the training school, was involved in community activities and had been a good role model for others, but he needed continued structure to be successful.
Lestina noted that Irvin was fully aware his actions were wrong and understood he would go to prison but continued with the plan.
James Garbarino, professor Emeritus in developmental psychology at Cornell University in Ithica, NY, and Loyola University in Chicago, Ill., testified Irvin didn’t need a prison term. He needed ongoing intervention, monitoring, treatment and support based on his evaluation. Garbarino didn’t do clinical assessment like Lestina, only a developmental evaluation.
Garbarino said Irvin was at low risk to reoffend and his immaturity affected his decision making.
He said Irvin’s brain development at age 15 and peer pressure also played a role. Irvin was the youngest and smallest of the group of teens.
On cross, Garbarino said he didn’t have information about Irvin stealing bikes when he was 7 years old and then committing property damage crimes as a an adolescent, or being expelled from Washington High School on his first day for targeting and planning an assault of another student with a group of teens.
But he said none of those would change his evaluation of Irvin or his recommendation.
Irvin’s statement
Irvin, during the hearing, thanked his family for their support and love and said he was “grateful” for them. He said his family members played a major role in helping him grow into the man he was “becoming today.”
He apologized to them for what he did, saying he was influenced by others but takes full responsibility for his actions.
Irvin also apologized to the McCune family. He said he could never express his “sorrow” and thinks about Michael every day. At one time, he said they were “close friends and was truly sorry” for taking his life.
Irvin said he didn’t want to cause harm and pain to others and he’s committed to helping others.
Irvin told Michael’s family that he won’t be forgotten because Irvin will remember him every day. He is committed to change and wants to have a positive impact on others. He hoped to help other troubled youth.
Trish Mehaffey covers state and federal court for The Gazette
Comments: (319) 398-8318; trish.mehaffey@thegazette.com
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