Linn County jurors begin deliberations Monday in fatal shooting

CEDAR RAPIDS — Linn County jurors will begin deliberations Monday in the first-degree murder trial of an 18-year-old accused of shooting a 17-year-old outside an Oakland Road NE condo last year.

On Friday, a forensic pathologist testified the single bullet that killed Cristian Upah during a marijuana robbery May 10, 2023, entered his left upper chest and penetrated the diaphragm muscle, intestines and lower right back muscle.

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Chief State Medical Examiner Dr. Dennis Klein, testifying in Keyun McGowan’s first-degree murder trial, said the gunshot injury caused Upah, 17, of Marion, to have a “significant” amount of blood collect in his body cavity, and his left lung collapsed, making it difficult for him to breathe.

McGowan, now 18, of Marion, who is on trial this week, is also charged with two counts of first-degree robbery, and one charge each of going armed with intent, assault while displaying a weapon and use of a dangerous weapon in the commission of a crime.

He is accused of fatally shooting Upah while trying to rob him and his girlfriend, Mia Updegraff, of marijuana cartridges and money.

Updegraff testified Wednesday that Upah had been texting with someone he called “Jackson” and made a deal to sell him marijuana cartridges at 3531 Oakland Rd. NE on May 10.

Updegraff testified she was there when Upah was shot but didn’t see the shooter’s face.

McGowan’s 17-year-old best friend — who the judge ruled could not be identified by the media — testified that McGowan told him he had tried to rob Upah and shot him that night.

McGowan, according to his lawyer’s opening statement, denies being the shooter that night and argued the prosecution can’t prove it was McGowan because Updegraff couldn’t identify him.

The prosecution rested its case Friday morning, and the defense didn’t call any witnesses. Closing arguments wrapped up about 4:30 p.m. Friday and 6th Judicial District Judge Chad Kepros sent the jurors home for the weekend. They will start deliberations Monday.

Police testimony

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Cedar Rapids police Investigator Matt Denlinger, the last prosecution witness, testified Friday that he followed up on some evidence and interviewed some witnesses in the case, including Updegraff.

There is no video evidence of the shooting, but he did find video from the Hy-Vee store at 3235 Oakland Road NE, near the address where the shooting happened outside a duplex at 3531 Oakland Rd. NE, Denlinger said.

Updegraff testified Wednesday that when they met McGowan at that address, which he chose, he got in the vehicle with them and then asked them to change locations, so Updegraff drove to the Hy-Vee gas station, pulled into the parking lot but saw a police vehicle. They left and went back to the duplex.

Denlinger said the Hy-Vee surveillance showed Updegraff’s car pull in, and he could see a driver, passenger and someone in the back seat. That person was wearing a black top with a white graphic print, which is how Updegraff described McGowan’s black hoodie with graphic.

The time frame of the car being at Hy-Vee, within about 10 minutes of shooting, verifies Updegraff’s testimony, Denlinger said.

Denlinger said he also used video taken from houses near 3531 Oakland Rd. NE to verify if there was a person on a bicycle riding up the street from the duplex about the time of the shooting to determine if the person was a suspect.

He determined the bike rider wasn’t a possible suspect in the shooting because when he came into frame, passing the area, he was going at full speed, Denlinger testified. The biker couldn’t be going at full speed if he or she had just jumped on the bike outside the residence, he said.

On cross-examination, a defense attorney asked Denlinger about a neighbor who reported hearing a couple arguing outside the night of the shooting. Denlinger said the neighbor reported it was three people, which would verify Updegraff’s account. She also said she and Upah were yelling for help.

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

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